People s Republic of China: Hunan Flood Management Sector Project, Hunan Province, Chenxi County

Transcription

1 Resettlement Planning Document Resettlement Plan Document Stage: Final Project Number: August 2005 People s Republic of China: Hunan Flood Management Sector Project, Hunan Province, Chenxi County Prepared by Hunan Project Management Office of Hilly Region Urban Flood Control Projects Utilizing ADB Loans Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources. The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or staff, and may be preliminary in nature.

2 Approval: Wu Shengping Check: Liu Chongshun Examination: Guan Yaohui Proofer: Yu Bo Compiler: Zhao Gengqiang Zhang Tao Su Minghang Main Designers: Zhao Gengqiang Zhang Tao Liu Yiwei Guan Yaohui Su Minghang Ren Ning Yu Bo Fan Jianyang Chen Junyan

3 Contents General Objectives of Resettlement Plan & Definition of Resettlement Terminology...1 Summary of Resettlement Plan for Chenxi Urban Flood Protection Subproject General Description of Project Project Background Project Description Areal Geographic Location Construction Scale and Content of Project Project Investment Estimation and Planned Progress Socioeconomic Benefit of Project Project Affected Area Compilation of Resettlement Plan Basis and Objective for Report Compilation Method of Report Compilation Project Impacts Measures for Avoiding or Reducing to the Minimum the Land Acquisition and Relocation Impacts Measures for Reducing the Land Acquisition Impacts in Project Design Phase Measures for Reducing the Impact due to Land Acquisition in Project Construction Project-affected Investigation Investigation Contents Investigation Method Project-affected Investigation Results Project Affected Land Project Affected Population Houses and Auxiliary Facilities to be Demolished Scattered Trees Affected Individuals Engaged in Small-scale Business Affected Enterprises and Institutions Affected Special Facilities by the Project...28 i

4 2.3.8 Affected Cultural Relics and Vulnerable Groups Due to Project Impact Analysis of Project Project Impact Characteristics Impact Analysis Evaluation Natural and Socio-Economic Conditions of the Project-Affected Areas Natural Conditions of the Project-Affected Areas Socio-Economic Conditions in the Affected Areas of Project Socio-Economic Conditions of Townships (Sub-Districts) and Villages in among the Affected Areas of the Project Basic Conditions of Resettlers Investigation Objectives Investigation Content Investigation Method and Procedure Investigation Results and Analysis Social and Economic Effects for Resettlement to the Affected Population Legal Framework and Policy Main Chinese Laws & Regulations and Policies for Resettlement Policy Bases Relevant Laws and Regulations Relevant Articles of the ADB Policy Bases Relevant Policies and Regulations Compensation Standards for Project Compensation Qualification Principles of Compensation Rehabilitation Compensation Reference and Standard for Land Acquisition The Demolition Compensation Reference and Standards for Residential House and Auxiliaries Compensation Reference and Standards for Affected Individuals Engaged in Small-scale Business Reference and Standard for Special Facilities Affected by the Project Table of Entitlement Matrix...73 ii

5 5. Resettlement and Rehabilitation Measures Rehabilitation Objective Resettlement Population Calculation Economic Rehabilitation Population Resettlement Population of House Demolition and Relocation Affected Population Due to Temporary Land Acquisition General Scheme of Rehabilitation Environmental Capacity Analysis Resettlement Plan Rehabilitation Plan for Livelihood Rehabilitati Economic Rehabilitation Planning for Resettlers Resettlement Villages Planning Rehabilitation Plan for Affected Commercial Units Vulnerable Groups Resettlement and Rehabilitation Institution and Responsibility Institutions Engaging in the Resettlement Resettlement Implementation Institution and Responsibility Organization Institution Responsibility Supervision Institution Resettlement Management System Resettlement Institution Personnel and Facilities Personnel Facilities Training Schedule Resettlement Administrator Training Schedule Production Skill Training Plan for Resettlers Resettlement Training Planning Investment Institution Enhancement Measures Public Participation and Harmonization with Residents in Relocation Sites Public Participation Strategies Approaches and Measures of Public Participation iii

6 7.2.1 Participation Approaches Participation and Consultation Measures Public Participation in the Process of Resettlement Planning Public Participation and Plan Implementation of Resettlement Plan Participation in the Houses Reconstruction and Resettlement Participation in Economic Rehabilitation Participation in the Utilization and Management of Land Compensation Participation in Project Construction Women Participation Harmonization with the Residents in Relocation Sites Appeal Procedure Possible Complaint and Problems Solving Methods Appeal Channel and Procedure Environment Protection and Management The Necessity of Environment Protection The Cleaning Work for Resettlement The Environment Management of the Resettlement Area Monitoring and Evaluation Internal Monitoring and Examination Organization of Internal Monitoring The Objective of Internal Monitoring The Content of Internal Monitoring The Responsibilities of Internal Monitoring External Monitoring Independent Monitoring & Evaluation Agency The Objective of Independent Monitoring & Evaluation The Content of Independent Monitoring & Evaluation The Methods of Independent Monitoring& Evaluation The Procedure of Independent Monitoring & Evaluation The Period, Frequency and Standard of Monitoring & Evaluation The Evaluation of resettlement iv

7 11. Resettlement Budget Compilation Basis and Principle of Cost Estimate Main Bases Compilation Principle Resettlement Compensation Land Compensation Compensation for Houses and Auxiliary Facilities Compensation for Infrastructures Demolition Transportation Fee Compensation for Individuals Engaged in Small-scale Business Subsidies for Vulnerable Group Resettlement Compensation Investment Compensation for Special Facilities Other Costs Basic Contingency Fee Relative Tax Budget for Total Investment Funds Flow Funds Management and Audit Resettlement Implementation Progress Plan Principles of Resettlement Progress Arrangement Progress Plan Resettlement Implementation Progress Plan Annual Funds Use Plan Appendix 1: Resettlement Information Manual Attached Table 1: Resettlement Implementation Progress of Chenxi County Urban Flood Control Project v

8 Attached Figure 1: Schematic Drawing of Geographic Location of Chenxi County Urban Flood Control Project Attached Figure 2: General Layout Plan for Chenxi County Urban Flood Control Project Attached Figure 3: Typical House Structure Drawing for Rural Resident of Chenxi County Urban Flood Control Project vi

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10 General Objectives of Resettlement Plan & Definition of Resettlement Terminology This Resettlement Plan (RP) is developed according to the Laws and Regulations of PRC and Hunan Province, as well as the resettlement policy of ADB. The purpose of this document is to set out a policy framework and an action plan for the Resettlement and Rehabilitation of the Project Affected Persons (PAPs) to ensure that they will benefit from the project and their standards of living will improve or at least be restored after the project impact. This RP is a legally binding agreement between the Executing Agency (EA) Key Project Office under Hunan Provincial Water Resources Department (HPWRD) and both the ADB and the local government offices involved with resettlement implementation, whereby HPWRD will be responsible to ensure the action plans are adequately financed and will coordinate relevant cities and counties to implement resettlement in accordance with the resettlement plan approved by ADB. The Resettlement Plan compiled by Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources will be formally approved by the Hunan Province Water Resources Department representing the Hunan Province People s Government. Acquisition of land and other assets for the project will adversely affect the livelihood of persons who live, work or earn their living on the land that will be acquired for the project. PAPs are defined as those persons whose income or livelihoods will be adversely affected by land acquisition for the project. PAPs include the following categories: a) Persons who have a title, right, interest, in structures (houses, enterprises, shelters, or public buildings), land (including residential, agricultural, and grazing land) or any other asset acquired or possessed, in full or in part, permanently or temporarily; b) Persons who use the structures, land or assets described above; or persons whose business, occupation, work, place of residence or habitat adversely affected; or c) Persons whose standard of living is adversely affected as a consequence of land acquisition and/or resettlement activities. A definition of PAPs is given below: Definition of the PAPs: Affected Persons means persons who on account of the execution of the project had or would have their: a) standard of living adversely affected; or b) right, title or interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently; or c) business, occupation, work or place of residence or habitat adversely affected, and Affected Person means individually all those who qualify as Affected Persons. PAPs may be individuals or legal entities such as a company, a public institution. Definition of PAPs is not limited or restricted to their legal registration or permission to live or 1

11 conduct business in the affected location, or their titles to property. Thus it includes: a) All those affected by the project regardless of their legal rights or absence thereof to the assets being taken; and b) Persons without residential permit to live in a certain area. Therefore all such persons who are affected will need to considered and recorded as PAPs, regardless of their legal status regarding assets, land or location. All PAPs are entitled to the improvement or at least restoration of their standards of living, and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. No deductions or discounts will be applied to the compensation amount for depreciation or other reasons. All PAPs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those PAPs without title, authorization or legal permission to reside, conduct business, cultivate land or construct structures are eligible for rehabilitation of their livelihoods and compensation for their assets in a fair manner compared with those with formal legal title, authorization or permission to the assets. The term Resettlement includes: 1) The relocation of living quarters; 2) Finding acceptable new employment for those whose jobs are lost or severely affected; 3) Restoration (or compensation) of affected productive resources such as land, workplaces, trees and infrastructure; 4) Restoration of other adverse effects on PAPs living standards (quality of life) through land acquisition, indirect resettlement impacts or other project impacts; 5) Restoration of or compensation for affected private and public enterprises; 6) Restoration of adversely affected on cultural or common property. Rehabilitation means: the restoration of the PAPs resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that without the project. The objective of this RP is to provide a plan for the resettlement and rehabilitation of the PAPs so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels in a sustainable manner. Affected productive resources of businesses, enterprises (including shops) and public facilities and infrastructures will also be improved or at least restored to their pre-project levels. 2

12 Summary of Resettlement Plan for Chenxi Urban Flood Protection Subproject A. Introduction 1. The proposed Chenxi County Urban Flood Control Subproject will finance the construction of 1.22 km of new dykes, along the Yuanjiang River in Chenxi County of Huaihua Municipality. The construction of these new dykes and flood control facilities will involve certain amount of land acquisition and resettlement. 2. The project executing agency for the Hunan Flood Management Project is the Key Project Office of Hunan Provincial Water Resources Department (PWRD), and the implementation agency for Chenxi County Urban Flood Control Subproject is Chenxi County PMO. Following ADB requirements, a draft resettlement plan has been prepared by PWRD and Chenxi PMO under the assistance of TA Consultants, which was based on detailed survey of resettlement impacts and extensive consultation among affected people and local governments. B. Scope of Land Acquisition and Resettlement 3. The proposed Chenxi County Urban Flood Control Subproject will affect 3 administrative villages (Residential Committees) and 9 village groups (residential committees) in Chengjiao Township in Chenxi County. According to the detailed impact survey, about 3.16 ha of land will be acquired, about 93.8% is farmland. It includes 86.4 % paddy and 7.4% dry farmland. The remaining 6.2% is water pond, housing plot and wasteland. Approximately 8.8 ha of land will be occupied temporarily during the construction phase. Based on per capita farmland in affected villages, the farmland acquisition will affect 52 households and 163 persons. On average, each affected person would lose only ha of farmland, which represents 9.5% loss of their current farmland. 4. Along with land acquisition, a total of m 2 of buildings would be demolished, of which m 2 is residential house, and m 2 is non-residential house. The demolition would relocate 4 households and 16 persons, and affect 2 households of 5 persons engaged in small business. About 65.5% of houses are made of brick wood and earth wood structures, and the wood structure house makes up 21.2% of total houses demolished. The relocation will provide an opportunity to improve current housing condition for relocated households. For affected rural households, they will be moved a short distance to another site within their original village. 5. Other affected assets include telecommunications and electrical infrastructure, ponds for fish and lotus cultivation, sheds, walls, graves and economic trees. All lands, housing and other assets will be compensated at replacement value. C. Policy Framework and Entitlements 6. For people unavoidably affected, the resettlement objective is to achieve equal or better income and living standards in line with the PRC Land Administration Law (1998) and the ADB s Policy 3

13 on Involuntary Resettlement. The PWRD will ensure that any people losing land, housing, other assets or income source will be assisted to fully restore their income and living standards. The Hunan Provincial Government in 2000 issued a Land Administration Decree to implement the 1998 Land Administration Law, which stipulates the regulations for land compensation, resettlement subsidies, young crop compensation, house compensation and other measures to carry out resettlement. According to the policy, the total compensation (land compensation, resettlement subsidy and young crop) will be set at CNY 13,500 per mu for irrigated farmland; CNY 9,450 per mu for dry land, CNY 13,500 per mu for fish pond, CNY 10,989 per mu for housing plot; and CNY 1,492 per mu for waste land. Those people losing land temporarily during construction will receive a payment equivalent to production value foregone for the period of loss, which is expected to be 2 years. The land used temporarily will be restored by the contractor to the original condition, or else additional funds will be provided to the owner to restore the land. For structures to be demolished, replacement value will be provided to the affected households based on compensation rates adopted in the affected county, which range from CNY 295 to CNY 360 / m 2 for brick-concrete structure, CNY 220 to CNY 270 / m 2 for brick-wood structure, and CNY 175 to CNY 215 / m 2 for earth-wood structure. For affected rural households, they will be provided with funds to obtain new housing sites and to connect with road, electricity and water within the current village group or administrative village. For those affected urban households, they will be provided with replacement housing with modern facilities and better quality in the urban areas. There will be no reduction in house compensation for depreciation, and people will be allowed to salvage materials from their old houses. D. Resettlement Strategy 7. Efforts to minimize resettlement effects have been made after consultations with local officials during the setting of the alignment in the initial feasibility study. The change of routing of certain sections of new dykes during the feasibility study has resulted in a 96.8% reduction in house demolition, and the number of relocated households was kept to only 4. For those unavoidably affected, the resettlement strategy is to replace losses of housing, land, other assets, infrastructure and income. 8. The project would involve acquisition of mu farmland, which will affect 52 households and 163 persons. Since the impacts will be dispersed among 3 villages and 9 village s groups, the actual losses will not be significant, averaging mu per village group and mu per person. For most affected village groups, due to relatively high land holdings after land acquisition, such impact could be mitigated through land readjustment and adequate compensation. Based on extensive consultation with affected villages and individuals, detailed economic rehabilitation plans 4

14 have been developed for all affected villages, which are included in the RP. According to the RP, all affected persons will be either provided compensation directly or replacement land through village land readjustment so as to ensure that all village members have sufficient land to farm. For those villages that adopted land readjustment, they will utilize the compensation funds to improve farm conditions, develop cash crops, and various non-farm activities. 9. The PWRD and Chenxi PMO will ensure that the resettlement entitlements are provided to the people affected prior to the ground levelling and demolition commencement. Land compensation and resettlement subsidy will be paid to the affected village collectives. Housing compensation and compensation for young crops and other assets will be provided directly to people losing those assets. Compensation for infrastructure such as electrical and communication facilities will be paid to the concerned government departments for restoration. 10. The resettlement regulations have standard provisions for moving allowances to assist the affected people during the transition phase. Also, the contractors for the project will be requested by PWRD and Chenxi PMO to give priority to resettlement affected households in the allocation of unskilled jobs during construction. This will be handled through consultation with the township and village leaders. E. Institutional Arrangements 11. The Hunan Provincial Government will assume the overall responsibility for implementing resettlement according to the approved RP. A Project Resettlement Office within PWRD will be directly responsible to co-ordinate the planning, implementation, financing and reporting of land acquisition and resettlement for all proposed flood control subprojects. Both leading groups and resettlement offices, each comprising 6 to 8 staff will be established in Chenxi County. The county resettlement office will take the primary responsibility for the resettlement consultation, implementation and timely delivery of entitlements, with assistance from concerned township and villages. F. Vulnerable Group 12. According to survey, the subproject will not affect the minority group. 13. The land acquisition in project will not affect the vulnerable group, but the project will further determine the number and status of project-affected vulnerable groups according to the family member structure of resettlers, labor employment status, resources holding status, and materials of each family supplied by the local civil administration department. Once the affected household is determined and confirmed as the vulnerable groups, the project EA will grant the special help in the resettlement implementation. For this purpose, PWRD agreed to set aside a special fund with 1% of total resettlement cost, which will be used to provide direct and needed help for those vulnerable 5

15 people. G. Consultation and Grievance Redress 14. The 1998 Land Law requires disclosure and consultation with people affected. The people affected have been notified about the key elements of the RP during meetings and interviews. Prior to implementation, there will be further consultations arranged by township and village officials to discuss specific impacts in each village and how they will be addressed. The people losing housing will be offered a choice of housing sites; and those losing agricultural land will have the opportunity to consider suitable income replacement alternatives. All villagers will also have input to decisions on how to utilize the collective compensation funds. 15. Six months prior to resettlement implementation, a resettlement information booklet will be distributed to all affected townships, villages and households by PWRD and Chenxi PMO. The information booklet contains the resettlement scope, expected timeframe, compensation rates for land and other assets, other assistance to replace assets, relocation and economic rehabilitation strategies, and the grievance redress mechanisms. The county, township and village officials will ensure that any concerns raised by the people affected are quickly addressed. 16. In case of grievance, people affected will submit their oral or written complaint first to the village committee or the township resettlement office. If their complaint is not settled in 10 days, they can seek redress at the Chenxi County resettlement office or Chenxi PMO, within one month. If still unresolved within one month, the PRO of PWRD will try to achieve a solution. The final redress would be sought, if necessary, in the civil courts, in accordance with the Civil Procedures Act. H. Monitoring and Reporting 17. The detailed plan for internal and external monitoring and evaluation is included in the RP. PWRD will engage a qualified monitoring agency to carry out independent resettlement monitoring and evaluation. The independent monitoring agency will ascertain the extent to which the affected people have (i) received their full entitlements on time and (ii) fully restored their livelihoods, income levels and living standards. It will also conduct a baseline survey prior to resettlement, semi-annual investigations during resettlement and annual survey updates for two years after the completion of resettlement. The household survey will include a representative number of those severely affected by loss of land, those losing housing, and those classified as minority and economically vulnerable. 18. A quarterly reporting system is being established in the PWRD PRO to report to ADB on the progress of land acquisition and resettlement through resettlement progress reports. The PWRD will also provide ADB with copies of the independent monitoring and evaluation reports to be prepared twice a year during resettlement implementation and once a year after resettlement 6

16 completion. After completion of land acquisition and resettlement, PWRD will prepare a resettlement completion report and submit to ADB. I. Finance and Implementation Schedule 19. The RP budget estimate is CNY 1.9 million or US$0.23 million, for all costs including compensation, resettlement subsidy, payment for other assets (e.g. housing), moving allowances, subsidy for vulnerable groups, fees for resettlement administration, and monitoring and evaluation. PWRD will guarantee to supplement the resettlement budget, as may prove necessary, to meet any shortfall which emerges in achieving the resettlement objectives. 20. The resettlement implementation schedule has been prepared based on the Project construction timetable agreed by the EA with ADB. It is planned that land acquisition would commence by December of 2005 and be completed by December of Housing demolition and relocation would be carried out between April 2006 and April This schedule provides time to develop and readjust farmland during 2006, and have full restoration of livelihoods and living conditions by early

17 1. General Description of Project 1.1 Project Background Hunan Province is located on the south bank of middle reaches of Changjiang River, bordering Jiangxi Province on the east, neighboring the Wuling Mountains on the south, connecting Guangdong Province and Guangxi Province, and close to the Guizhou Province and Chongqing City with the unbroken mountains in Guizhou and Chongqing areas. Changjiang River separates Hunan Province and Hubei Province on the north, and nearly 70% cities of Hunan Province are located in mountainous areas or hilly areas. These cities lie in the areas with relatively high ground elevation, and the landform varies greatly. These areas are subject to the flash flood though they are affected little by the Dongting Lake and the propping of tail water level of the four rivers. Because the river level in mountainous areas rises sharply and abruptly with great flow velocity, the cities along the river are always destructively damaged. In November of 1999, Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources worked out the report on urban flood-control planning in Hunan Province according to Flood-control Planning Outline for Changjiang River Drainage Area and Compilation Outline for Urban Flood-control Planning (Ministry of Water Resources [1998] No.215 Document). This report covers 91 cities, plans for the thousand urban population, and 2253km 2 urban areas. The embankment-construction-oriented project plan is determined in the report, and the existing embankments to be heightened and reinforced are km in total, and the would-be-built embankments total km. Only the cities of above-county-level which are seriously damaged by the flood in the mountainous areas in Hunan Province will be brought into the coverage of urban flood-control project in this time. They shall be the economy developed area, such as Xiangtan, Zhuzhou, and Hengyang, which all belong to the very important industrial cities, boasting the various industries of machinery, electricity, metallurgy, chemicals, building materials, paper making, mining, medicament, and foodstuff. And, these cities shall be the local financial, communications, business centers as well as the science and education centers, the location of municipal or county government, and moreover the distributing center of agricultural, industrial, and commercial products. Their economic status is very important. These cities are the main centers of the economic development of those areas with dense population, and are clustered with properties. If these cities are submerged or suffered great losses, the economic development of local areas will be seriously affected. In addition, the manpower and material resources are abundant in these cities, it is the main rear base for flood-control and providing disaster relief. The submergence of these cities will bring the disaster relief and 8

18 rehabilitation works into a passive situation. In years, the government at every level in Hunan Province and the local masses took great pains and sacrificed a lot for the fighting the floods in these cities, enormous achievements were achieved. According to statistics, in the 36 urban areas undertaking the project, total km long flood-control embankments, and 141 drainage sluices, and 124 drainage pump stations of 15648kW were built. Because the flood-control project construction progress is slow, the standard is low, the present urban flood-control standards of these cities are only between 4-year-occurrence~20-year-occurence flood, and the waterlogging drainage ability is only 3-year-occurrence~8-year-occurence standard, only a few cities are in the fortified status, and some cities are undefended or incompletely defended. At present, the urban flood-control standard in project area is low, the flood disaster happened in successive years. According to historical record, great floods occurred in 1980,1981,1983, and 1988 after the floods in 1954 and The losses caused by flood and waterlogging rose year after year. Entering 1990s, flood disasters frequently happened, and the losses due to the flood disaster rose sharply. In 1991, 1994, 1995, 1996, 1998, and 1999, large flood and waterlogging disasters happened in successive, great losses were caused. Many cities were submerged wholly or partly, and nearly all cities are damaged by flood and waterlogging to various degrees. In 1991, the losses caused by flood disaster amount to 760 million yuan; in 1993, the losses caused by flood disaster amount to 1870 million yuan; in 1994, the losses of flood disaster amount to 3090 million yuan; and the great floods in 1995,1996 and 1998 each caused over 5000 million yuan losses, respectively reached 5610 million yuan, million yuan and 5973 million yuan respectively. Confronting such an enormous losses of flood and drainage disasters, the economic development of city is seriously hindered, and the life and property of people in urban areas is greatly affected. Therefore, the construction progress and strength of urban flood-control project shall be speeded up and beefed up to facilitate the economy development in a speedy, stable and forward way. The people s life and property will be safeguarded, the strong points will be given full play and the vulnerable points will be avoided, and the economy development will be stipulated by constructing and perfecting the necessary flood-control and waterlogging treatment facilities. Chenxi County is located on the middle reaches of Yuanshui River, the Chenshui River from southwest joins the Yuanshui River at the Zhongnan Dock of county town. The landform in town is high on northeast and low on southwest, the county town was constructed along the mountain tendency in all previous years, and is distributed in trapezium. The whole urban area is along the river in the shape of strip. The first grade branch of Yuanshui River, Shuangxi River, runs transversally through the county town, and divides the urban area in to the old and the new blocks naturally. The embankment standard of right bank of Yuanshui River in Chenxi County Town is not 9

19 high enough, in the non-closed status, and the present flood-control ability is low. As the sub-project county utilizing the loans from ADB, Chenxi County will thus greatly be improved in its flood-control and waterlogging-prevention ability through the implementation of project. The flood-control standard will rise from the present less than 3~10-year-occurence to 20-year-occurence flood, and the waterlogging-prevention ability will rise from the present less than 3-year-occurence to 10-year-occurence flood, the improvement will greatly relieve the burden on the flood-control for Chenxi County Town Area, and benefit the sound development of society. 1.2 Project Description Areal Geographic Location Chenxi County is located in the west part of Hunan Province, and on the north to the Huaihua City. The territory of the whole county resembles the ancient style of character 上, and it is like pearl embedded in the middle reaches of Yuanshui River to the east side of Wuling Mountain. Its geographic coordinates are between east longitude ~110 32, north latitude ~28 13, belonging to the subtropical climate. It neighbors the Yuanling County on the north, borders Huaihua City on the south, and Xupu County on the east, Luxi and Mayang on the west. The land area of the county is 1190km 2, the main water system in the territory comprises Yuanshui River and Chenshui River. The Yuanshui River enters the territory from the southeast, inclindedly flows through the middle part of the area and runs toward the northwest; Chenshui River enters the territory from southwest and returns to the north, and joins the Yuanshui River in the Chenxi Town. Changhuai Highway connects the south and the north, and the Xiangqian (Hunan Province ~Guizhou Province) Railway lies transversally in southeast, and the waterway and land communications are convenient. The schematic figure of geologic location of Chenxi County Urban flood control project is shown in Attached Figure Construction Scale and Content of Project Chenxi County urban flood-control project is a core sub-project of urban flood-control project for hilly areas in Hunan Province, utilizing the loans from ADB. It comprises both the flood-control and waterlogging drainage works. The main construction elements of construction for the project of Chenxi County in feasibility study phase are as follows: 1 New construction of earth embankment with 1220m; 2 Construction of new gravity retaining wall and water-blocking wall with 719.1m; 3 Construction of new mortar rubble gravity retaining dam with 50m; 4 Construction of one seat of new Zheping overflow dam; 10

20 5 Construction of new culvert with 400m; 6 Construction of two sections of new open channel, of which the inlet open channel is 394m, and the outlet open channel is 813m; 7 Construction of one set of new electric drainage station; 8 Construction of three seats of sluice Project Investment Estimation and Planned Progress According to Feasibility Study Report on Urban Flood Control Project of Chenxi County of Hunan Province Utilizing Loans from ADB compiled by Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources, the total investment in the project is estimated to be million yuan, of which the investment in resettlement amounts to thousand yuan. The total construction period of this project is 2 low flow periods plus the two months of each low flow period, spanning 3 years and 18 months in total, of which the first low flow period and the following two months will be taken to complete the principal work of embankment and the works of agricultural product market, two sluices at Guanlan Bridge, and electric drainage station within this embankment section; and the second low flow period and its following two months will be taken to complete the principal part works of Shuangxi flood-relieving canal and Zheping sluice gate Socioeconomic Benefit of Project After the implementation of urban flood-control project, the ability of flood control and waterlogging is improved greatly, which will improve the present passive situations of inundation from the root and benefit the flood-control and security works for people in urban area of Chenxi County. (1) After project implementation, the flood-control ability of flood protection circle in urban area of Chenxi County will be elevated from the present 10-year-occurence to 20-year-occurence, and the waterlogging treatment ability will be improved from present 3-year-occurence to 10-year-occurence, which will greatly alleviate the burden of flood-control of this urban area, benefit the sound and sustainable development of society; (2) The construction of flood-control embankment and urban road, pier, and blow-off pipes shall combine with the renovation of embankment lines. Which will greatly relieve the chaotic traffic in bustling urban areas, but also beautify the environment, supply a sound recreation and rest place for residents, and stimulate the construction of public utilities; (3) In addition, the elevation of flood-control standard will add more economic values to the undeveloped or simply developed lands, improve the production and living environment in urban area, bring the new economic growth point to new urban area. (4) The implementation of the project will greatly alleviate the threat on the life and property of people due to the flood and waterlogging, and safeguard the people for living and working in 11

21 peace and contentment, which will benefit the stability and unity of society. According to the economic evaluation and analysis in this project, the accumulative total economic net present value (ENPV) of project is 6.94 million yuan (is=12%), the financial economic internal rate of return (EIRR) is 14.1%, the benefit-cost ratio (EBCR) amounts to 1.17, and the financial benefit index of each item is relatively good. 1.3 Project Affected Area According to urban flood-control scheme for Chenxi County, a flood-control embankment will be built along the river from Chenxi County Textiles Company to Chenxi County Water Plant, connecting the Chen-Xiu Highway with a total length of m, of which the section from water plant ~Yuanjiang Bridge section is earth embankment of 1270m long (combination of road and embankment, 6m wide crest), and the section from Yuanjiang Bridge ~County Textiles Company is mortar rubble anti-flood wall with 719.1m; In order to prevent the 20-year-occurence flood reverse flow back to the county town, establish the mortar rubble anti-flood wall at the Guanlan Bridge of outlet of Shuangxi River, the mortar rubble anti-flood wall is 50m long; A overflow dam will be built on the east part of Zheping Village of Chengjiao County to control the flood from Shuangxi River and effect the flood diversion, which will go through the 394m long open channel of flood-relieving river inlet, 400m long tunnel, and enter the 813m long newly cut open channel after exiting tunnel, and finally drain to the Yuanjiang River on the upper reaches of county town. The flood-relieving river is 1607m long in total. The major engineering measures concerned in land occupation and demolition and relocation are embankment consolidation, and newly building, the construction of new sluices and electric drainage stations, etc., plus the engineering construction site, borrow area, and other temporary lands. The land acquisition areas due to the project refers to unrecoverable area on which the residents is seriously affected in production and living due to the project construction in land acquisition area. In this phase, the land acquisition affected area is determined according to the recommended plan of the project design in the feasibility study phase, the on-site laying out and adjustment shall accord with the 1/2000 topographic map and the designed vertical and transversal profiles. The project covers the 3 villages (Sub-District), 9 villager s groups of Chengjiao Township of Chenxi County. The final land acquisition and relocation scope will be partly altered with the deep-going of the design depth. 12

22 1.4 Compilation of Resettlement Plan Basis and Objective for Report Compilation Basis for Design 1) Hunan Province National Economic and Social Development the Tenth Five-year Plan and Long-range Plan for ) Chenxi County National Economic and Social Development the Tenth Five-year Plan and Long-range Plan for ) Urban General Planning of Chenxi County ( ) 4) Statistical Yearbook of Chenxi County ( ) 5) Urban Flood-control Planning Report of Chenxi County 6) Feasibility Study Report on Hunan Province Chenxi County Urban Flood-control Project Utilizing Loans from ADB Policy Foundation 1) National laws and regulations 2) Laws and regulations in Hunan Province 3) Involuntary resettlement policy of ADB (published in November of 1995) and Immigration Manual practical and operable guidance on practice (published in 1998) Objectives of Policies 1) Adopt the engineering, technical, economic measures to avoid or reduce the quantities of material good to be removed and relocated; If the land acquisition and relocation is unavoidable, try best to adopt the effective measures to minimize the impact on the local residents due to the land acquisition and relocation. 2) In project preparation phase, conduct the social economy investigation and compile the relevant resettlement plan; 3) The resettlement shall be based on detailed indices in terms of relocated material goods and compensation standard in order to increase or at least restore the income and production levels for the affected people; 4) Promote resettlement in a developing mode. The resettlement from the rural areas shall be land-based, supplemented with possible employment in second or tertiary industries. 5) Encourage the resettlers and original residents in resettlement area to take part in the resettlement planning; 6) Try best to resettle in the original community. 7) The resettlers and the former residents in resettlement area shall all be benefited from the project Method of Report Compilation The Key Project Office under the Water Resources Department of Hunan Province as project EA is 13

23 responsible for overall resettlement preparation. The relevant resettlement design units, consulting units and local government shall all participate in the process.in December 2004, the designers of HPWRHDI conducted the general survey and statistics on the physical indices for the land-acquisition-affected area with the active support from local governments in Chenxi. Based on census survey, detailed sample survey on social economic conditions and attitudes of the affected people was also carried out. In investigation, designer had consulted with the PMO (project management office) of Chenxi County and held several resettlement coordination meeting attended by the government department at every level and represents of resettlers from affected area. Comments were made on the resettlement plan, economic rehabilitation options, and compensation, which were the basis for developing resettlement plan. According to the current national policies, laws and regulations and the requirements on resettlement by ADB, the resettlement team carried out detailed analysis on the degree of impact and feasibility of proposed rehabilitation for each affected township (Sub-District) in project area. The resettlement plan was further revised according to the opinions and the site visit by PPTA experts. The completed draft resettlement plan will be reviewed and endorsed by both HPWR and local city government before submitting to ADB approval. 14

24 2. Project Impacts 2.1 Measures for Avoiding or Reducing to the Minimum the Land Acquisition and Relocation Impacts Measures for Reducing the Land Acquisition Impacts in Project Design Phase Since the project was launched, in order to reduce the impact on the local social economy due to the project construction, the flood-control scenic road plan has been revised and improved for several times, and the special technical reasoning has been done. The plan optimization is aimed to reduce land acquisition, resettlement and relocation, and construction cost, to facilitate the construction of project. 1) In project planning and comparison phase, try best to consider more about the impact on the social economy due to the project construction, and take the project plan perfecting as the key factors in comparison of different alternatives. Chenxi County Urban Flood-control Project is developed according to the water system, topographic conditions, and the current state of embankments. The following two schemes are developed: Scheme I: Build the embankment (mortar rubble anti-flood wall) on both banks of Shuangxi River. Scheme II: Adopt the Shuangxi flood relieving scheme, namely build the overflow dam in Zheping Village of upper reaches of Shuangxi River mouth to direct the flood of Shuangxi River to the Yuanshui River on the upper reaches of county town. Shuangxi flood-relieving work comprises the inlet open channel, culvert and outlet open channel. The technical economy indices of the two schemes are listed in Table in details. Major Quantities of Work and Investment Comparison of Two Schemes Table Dry Earthwork StoneworkEarthwork Mortar Concrete Sand House Population laid Investment Item excavation excavation filling rubble cushion demolition relocated (m 3 ) (m 3 ) (m 3 ) (m 3 ) (m 3 stone ) (m 3 (m ) 3 ) (m 2 (10 ) (person) 4 yuan) Shuangxi embankment building scheme Shuangxi flood-relieving scheme Scheme Through comparison, the Shuangxi Flood-relieving scheme is adopted. determination According to Table 2.1-2, there are 33.6 thousand m 2 houses to be demolished, and 1260 persons to be resettled if the scheme of building embankment (mortar rubble anti-flood wall) on both banks 15

25 of Shuangxi River is adopted; In comparison, the implementation of Shuangxi flood-relieving scheme only needs to demolish m 2 houses, and resettle 16 persons. In view of the great quantities of relocation works in scheme of Shuangxi embankment-building, and in the Shuangxi flood-relieving scheme, the house to be demolished is reduced 32.5 thousand m 2 and the resettlers is reduced 1244 persons, which will minimize the house demolition on both banks and the people resettlement. Minimizing the relocation conforms to the principle of Involuntary resettlement policy of ADB. Through comprehensive analysis and comparison, the Shuangxi flood-relieving scheme is adopted in the design for this time as the Chenxi County urban flood control scheme. 2) The direction of alignment shall try best to be based on the existing embankments. In design, try to reduce the area occupied; The alignment of dike along the river shall try best to be laid in the section without residents or with few resident. Try best to avoid the house demolition and taking the cultivated land of relatively good irrigation. In the densely populated area in cities and towns, the alignment of new dikes shall try best to keep away from the high-rise buildings or multi-floor buildings to reduce the quantities of demolition and relocation. 3) Optimize the construction design, shorten the construction period, and reasonably arrange the house relocation and construction period, try best to reduce the losses of resettlers properties. For example, the house relocation and rebuilding shall be conducted in the farm slack season, and the land using shall be started after reaping the young crops. Try best to utilize the wastelands as for the expropriated land on which the construction period is long (over two years). 4) In the design, fully consider the inconvenience brought about to the life and production of local residents due to the embankment construction. In general, for the convenience of local residents, recover the damages of channel system, mechanical pier, communications facilities and other infrastructures after embankment construction to keep the complete functions of infrastructures Measures for Reducing the Impact due to Land Acquisition in Project Construction The lands occupied in this project are distributed in linear form. As for the whole project area, the project construction won t affect the local industrial and agricultural production, people s livelihood and social economy greatly. The land acquisition and relocation along the linear area will not bring much impact. But for reducing the impact on the local area due to the project construction in so far as possible, special attention will be paid to the layout of construction site and selection of construction scheme, and prevent the unnecessary land acquisition and house demolition. The following measures shall be adopted: 1) Before demolition and relocation, organize the relevant persons to conduct the on-spot survey. Try to remove less or do not move the houses which is unnecessary to remove or can be partly removed in practical. 16

26 2) Before the demolition of the buildings due to the temporary lands occupation by the project, report to the unit of owner by PMO to empty it. Or set up the temporary housing to be used in resettlement within the unit area. After the project completion, rebuild new buildings and return to the original owner or employer unit. 3) For the loss of resident caused by the demolition and relocation, adequate compensate according to the replacement value, try best to reduce the unfavorably impact on resettlers. 4) The resettlement area shall be located at the place close to the original residential areas so as to keep the existing social relationship for the affected people, on the other hand, it will also reduce the commuting distance for the affected people. 5) Notify the some affected enterprises in advance, and arrange the site for relocation, compensate the loss, try best to shorten the interruption period, and negotiate with the County Project Management Office to provide proper rehabilitation for affected employees. 6) During relocation and resettlement, the concerned local functional departments shall vigorously support the resettlers and resettling enterprises, provide the convenience for them and carry on the resettlement work smoothly, and reduce the loss and alleviate the burden on resettlers. 7) Strengthen the system of public participation. Before the project construction, clarify the project commencement time and project construction planning progress by putting Notice in the project affected area and the resettlement area, make the compensation policies for land acquisition and resettlement public, undergo the supervision from the resettler and original residents in resettlement area; In project construction period, give priority to use the local materials. For benefiting the affected persons from the project construction, use the local transportation and labor if the technical conditions allowed. 8) Reduce the dust emission and strengthen health management for construction workers. The construction unit shall carefully plan the routing for transport earthwork and stonework. Measures shall be adopted to guarantee that the soils and stones won t be sprinkled along the way from the truck full of loading, and thus affect the environment tidiness. In construction period, a large number of labors will come to the worksite to undertake all kinds of works and services. In order to guarantee the public security and orders in work site and the health of various groups in construction area, the project construction unit shall supervise and urge the builders to obey the regulations of local environment sanitation department, toughen the management on the healthy protection for builder group, timely clear the domestic waste on construction site, keep the construction area tidy, and prevent the occurrence and transmission of infectious diseases. 17

27 2.2 Project-affected Investigation Investigation Contents In December of 2004, Hunan Province Hydraulic and Hydropower Design Institute, together with the Chenxi County Water Resources Bureau, the government at each level, formed a joint investigation team. The team conducted the comprehensive investigation on project-affected area according to the coverage determined in engineering design and the 1:2000 geologic type topographic map in hand. The contents of investigation included the land acquisition, the land acquisition affected population, houses to be removed and relocated, and supplementary facilities, scattered trees, individuals engaged in small-scale business, enterprises and institutions, and agricultural sideline production facilities and special facilities, etc Investigation Method 1) Investigation on Land Acquisition: The investigators on-spot clearly found out the ownership of various lands according to the 1:2000 topographic map in hand. The area of cultivated land, garden plot, woods, and various lands were measured and calculated in the unit of villager s group. 2) Demographic Census: In the investigation into the land acquisition and demolition, affected people was classified into three kinds, affected by land acquisition without relocation, affected by demolition and relocation without land-acquisition, and affected by both land acquisition and relocation. The actual affected population was further divided with regard to the non-agricultural population and agricultural population, through the comprehensive investigation in unit of household concerning the nationality, age structure, education background, and employment status. The population was checked on site according to the household register card, and the results of survey were registered in detailed lists for each family. 3) Investigation on Houses and Auxiliary Facilities: The comprehensive survey was conducted on structures of houses. The areas of houses were measured, the quantities of auxiliary facilities were counted household by household, and then they were registered in detailed lists. 4) Investigation on Scattered Trees: Counted on spot, the scattered trees in the project-affected area due to the land acquisition were classified, and fruit trees and other type trees were separately registered according to their types. 5) Investigation on Individuals Engaged in Small-scale Business: Individuals engaged in small-scale business were investigated and registered household by household. The investigating and statistical contents include the business scope, area of premise, number of 18

28 employees, annual turnover, and operating profit, etc. 6) Investigation on Enterprises and Institutions: The following work on the information of affected enterprises in the land to be expropriated was surveyed and checked: name, site, department in charge of them, month and year of foundation, the area of factory buildings, lands for production, area of structures, number of staff, fixed net assets, annual output volume of major products, annual output value, annual profit turnover, lump sum of tax, and lump of wages per month, etc. 7) Investigation on Special Facilities: The quantities of special facilities on site were registered and checked in detailed lists in items by the investigator according to the 1:2000 topographic map of geologic type and the data supplied by department in charge. All survey results of physical indices were reviewed and confirmed by householders and local government and function department at each level. 2.3 Project-affected Investigation Results According to survey, the land acquisition in project involves 3 administrative villages (residential committees) and 9 villager s groups in Chengjiao Township. For details of project-affected investigation results, see Table Summary of Investigation on Land Acquisition & Relocation Impact in Chenxi County Urban Flood Control Project Table Item Unit Total Chengjiao Township Remark I Administrative region 1 Township (Sub-district) Piece Administrative village (Residential Committee) Piece Villager s group Piece 9 9 II Project affected population 1 Land acquisition impacts Number of household Household Population Person Persons of economic rehabilitation Person Demolition impacts Number of household Household 6 6 Population Person Number of household to be resettled with houses Household 4 4 Population to be resettled with houses Person Affected enterprises and institutions Piece 0 4 Affected individuals engaged in small-scale business Piece 2 2 of which: number of employee Person

29 Table Item Unit Total Chengjiao Township Remark 5 Total project affected population Person III Houses and auxiliary structures (I) Residential houses m Rural houses m Brick-concrete structure m Brick-wood structure m Wood structure m Simple structures m (II) Non-residential houses m Brick-wood structure m Simple structure m (III) Auxiliary structures 1 Walls m Cement sunny ground m Cement water pond m Telephone Piece CATV Household 5 5 IV Permanent land acquisition mu (I) Collectively-owned land mu Cultivated land mu Irrigated land mu Dry farmland mu Water pond mu Rural housing plot mu Unused land mu V Temporary land mu Dry farmland mu Shrub lands mu Wastelands mu VI Special facilities 1 Traffic facilities Mechanical farm road (cement) km Highway bridge Seat Project Affected Land 1) Permanent Land Acquisition The permanent land acquisition in this project covers 1 township, 3 administrative villages, and 9 villager s groups. Various lands with an area of mu will be expropriated, and all of them are collectively owned land. Of which, paddy field, mu, dry farmland, 3.5mu, pond, 0.28 mu, rural housing plot, 0.81mu, and unused land, 1.84 mu. 20

30 See Table for details of the statistical conditions of the investigation results of the permanent land acquisition in this project. Table of Permanent Land Acquisition in Chenxi County Urban Flood Control Project Table Collectively Owned Land Township (Sub-districts) Village (Residential Committees) Group Total (mu) Cultivated Land (mu) Paddy Dry Subtotal Field farmland Pond (mu) Rural housing plot (mu) Unused land (mu) Total Chengjiao Dongxing Paotai Zheping ) Temporary Land Acquisition The construction temporary land acquisition refers to the temporarily-borrowed land in the project construction period, including land acquisition of stone material yard, construction plant, construction warehouse, and temporary area for livelihood and waste material yard during construction period. 1 The Paotai and No. 2 Middle School in urban area in the project are selected to serve as the main soil material yards, the block stone material yard is located at Huazhong material yard, and the total of the soil and stone material yards is m 2 ; 2 The waste material yard is located at Zheping, it is the natural low lying land, and the land occupation of the waste material yard is 40800m 2. 3 The total of cement house, sand gravel pile yard, concrete batching station, concrete precast yard, steel bar and timber processing factory, and other temporary houses is 8195m 2, and all of them will be allocated in the opening place on the road near embankment, and few newly-built living houses will be allocated in the opening place near embankment section. 4 The temporary land acquisition in this project covers 1 township, 3 administrative villages, and 3 villager s groups. Various land with an area of 132 mu will be temporarily expropriated, of which, 21

31 dry farmland, 40 mu, shrubbery land, 66mu, wasteland, 26 mu, and the mean time limit for land borrow is two years. See Table for details of the statistical conditions of the investigation results of the temporary land acquisition in this project. Table of Project Temporary Land Acquisition in Chenxi County Urban Flood Control Project Table Township Classification Temporary Land Acquisition (mu) (Town, Village Sub-district) Chengjiao Township Paotai No. 2 Middle School Huazhong Zheping Dongxing of Material Dry Shrubbery Remarks Total Wasteland Yard farmland Land Soil material yard Temporary structure site Soil material yard Block stone material yard Waste material yard Temporary structure site Temporary structure site Total Project Affected Population 1) Affected Population Due to Land Acquisition The investigation of the affected population due to land acquisition of the project will be counted from two aspects, one is the actually affected population due to land acquisition of the project; the other is the number of agricultural population need economic rehabilitation according to the principle of Land Administration Law of the People s Republic of China, namely, the economic rehabilitation shall be rearranged to the agricultural population who has lost all of their main productive materials - cultivated land. According to the physical materials indices in project land acquisition investigation, the number of people who need economic rehabilitation will be counted in villager s groups. It is obtained by dividing the area of land acquisition for each village group with cultivated area per capita of each group. The result of population was 121 persons. It means that there are 121 agricultural persons who need economic rehabilitation by the project. 22

32 As the project is distributed in linear shape along Shuangxi River, for most affected persons, they would only lose small part of lands. According to the site investigation and statistics, 52 households (163 persons) are actually affected by land acquisition in the project, of which, 32 households (121 persons) will be actually affected by permanent land acquisition in the project, averaging only 0.37 mu cultivated land per person. About 20 households (42 persons) will be actually affected by temporary land acquisition. 2) Affected Population Due to Demolition According to the site investigation,6 households (26 persons) shall be relocated in the project area (all of them are agricultural people), and the area of the residential house to be demolished is m 2. Among the 6 households, 2 households will be affected with only simple structures. For the other 4 households (16 resettlers), the demolition will result in relocation and reconstruction of new houses for the affected people. 3) Employees in the Affected Enterprises According to the investigation, no enterprises and institutions will be affected by the project construction. 4) Affected Individuals Engaged in Small-scale Business According to the investigation, 2 small shops will be affected by the land acquisition and demolition in the project area. All of these small shops are owned by themselves. There are 5 persons working in these 2 small shops. All of them will be affected by the project when their businesses will be closed due to demolition and land acquisition impact. 5) Total of Affected Population Due to Project Through statistics, 55 households (183 persons) will be affected by the project land acquisition. Among them, 49 households (152 persons) will be affected by land acquisition (without house demolition), which will include 20 households (42 persons) to be affected by the temporary land acquisition); 3 households (15 persons) will be affected by house demolition only (without land acquisition); and 3 households (11 persons) will be affected by both the land acquisition and house demolition. In addition, 5 individuals will be affected by demolition of 2 small shops. Among the affected population due to land acquisition and resettlement, 121 agricultural persons need economic rehabilitation. About 4 households (16 persons) need to be rehabilitated through replacement housing; and 5 employees in 2 small shops will be provided compensation and rehabilitation for interruption of their business. See Table for details of the affected population in the project. 23

33 2.3.3 Houses and Auxiliary Facilities to be Demolished 1) Affected Residential Houses and Auxiliary Facilities by the Project The demolished houses by the project will involve Zheping Village in Chengjiao Township of Chenxi County. About 6 households (26 persons) will be affected, 5 households (19 resettlers) shall be relocated, and all of them are rural residents. The total demolished houses amount to m 2, and all of them are rural residential houses. Among them, there are brick concrete m 2, brick wood, m 2, wood house, m 2, simple structure, 95.6m 2. Along with house demolition, there are cement sunny ground, m 2, wall, 36m 2, pond, 3m 3, 2 telephone sets, and CATV, 4 households. According to the investigation, in the project land acquisition area, all of the residential houses are owned by individuals. Most residential houses are one or two-floor houses with brick concrete structure and brick wood structure, and only a few houses are the old ones with wood structures or earth wood structures. Since the basic living conditions and the related facilities of the demolished houses are considerably poor, most residents also hope they can move as soon as possible, so as to improve their living conditions. See Table for details of the investigation conditions of the residential houses to be demolished in the project. 2) Affected Non-residential Structures by the Project According to the investigation, in the project land acquisition area, there is no house of enterprise and institution, while 2 small shops will be affected by demolition. 24

34 Affected Type I. Permanent land acquisition (1) House demolition (2)Demolition of non-house II. Temporary land acquisition III. Total of affected population Table Summary of Affected Population Due to Land Acquisition and Resettlement in Chenxi County Urban Flood Control Project Township (Sub-districts) Village (Residential Committees) Total Land acquisition, without demolition Demolition, without land acquisition Number of Number of Number of Population Population household household household Land acquisition and demolition Demolition is required Number of Number of Population Population household household Population Population in need of economic rehabilitation Chengjiao Zheping Paotai Dongxing Individual Engaged in Small-scale Business Population of individuals engaged in small-scale business Chengjiao Zheping Paotai Dongxing

35 The area of the non-house to be demolished is m 2. Of which, brick wood structure, m 2, simple structure, 46.21m 2 ; affected wall, 16.64m 2, and CATV, 1 household. See Table for details of the investigation conditions of the non-residential houses to be demolished in the project. 3) Affected Temporary Structure by the Project According to the investigation, there is no temporary structure in the land acquisition range of the project. 4) Affected Illegal Structure by the Project According to the investigation, there is no illegal structure in the land acquisition range in the project Scattered Trees According to the actual investigation, no scattered trees will be affected by the project Affected Individuals Engaged in Small-scale Business According to the investigation statistics, there are 2 individual small shops in the affected range, and the operation area is about m 2, and the affected individuals engaged in small-scale business are 5. As the affected small shops are the unprofessional ones used for both private residence and business, and the operators mainly use their old houses for operation of daily articles, the scale is considerably small, and their main customers are local residents, the flow population is relatively small, and the business is in a poor condition generally. As these individual small shops are mainly used for residence, the area has been listed in the residential house to be removed. See for details of the affected individual commerce small shops in the project. Table Township (Sub-district) Chengjiao Township Basic Conditions Table of Small Shops to be Demolished in Chenxi County Urban Flood Control Project Village (Residential Committees ) Operation Employer Operation Area (m 2 ) Operation Item Population of Employer (Person) Zheping Qiu Caijun 77.8 Roasted melon seeds 3 Zhang Bijie Bacon processing 2 Total

36 Investigation Table of House and Auxiliary Facility to be Demolished in Chenxi County Urban Flood Control Project Table Classification of Village Population (person) Main house (m 2 ) Simple Town Household Total Telephone CATV residential (Residential Brick Brick structure Wall Sunny Pond (Sub-districts) (piece) Nonagricultural Agricultural (m 2 )) Wood (piece) (household) house Committees) concrete wood (m 2 ) (m 2 ) Grounds (m 2 ) (m 3 ) I. Rural residential house Chengjiao Zheping Zhang Bixing Zhang Biyou Zhang Bicheng Zhang Bifa Zhang Dequan Zhang Changliang II. Individuals engaged in small-scale business Chengjiao Zheping Zhang Bijie Qiu Caijun III. Total

37 2.3.6 Affected Enterprises and Institutions According to the investigation, no enterprises and institutions will be affected by land acquisition and demolition of the project area Affected Special Facilities by the Project The investigators have conducted the site investigation and registration to the affected traffic facilities, transformation facilities, post line, and other special facilities to be resumed or rebuilt according to the project land acquisition range confirmed by the design. For the affected places in the project, Zheping mechanical farm road, 0.06km, and Paotai Township mechanical farm bridge, 1 seat Affected Cultural Relics and Vulnerable Groups Due to Project 1) Affected cultural relics in the project: According to the investigation, there is no cultural relic and historical site which shall be vitally protected in the project land acquisition range. 2) Women: As the rights, interests, and statuses of women in Chenxi County are the same as those of men, it s not required to give special attention to them. 3) Vulnerable groups: Mainly include poor families (per capita income is less than 156 yuan/month), handicapped families (disabled persons), families that the elder lives alone (over 70 years old), and families of minorities. According to the investigation, no minorities will be affected by the project, and no vulnerable groups will be affected by the land acquisition too. While, during resettlement process, the affected vulnerable groups in the project will be further confirmed through comparison and analysis between the member structures in resettlement facilities, employment status of labor, family resources, and other conditions and the data of the local civil affairs departments. Once the affected households are proved to be the vulnerable groups, the project execution agency will give special help to them during resettlement implementation process. 2.4 Impact Analysis of Project Project Impact Characteristics 1) In the project land acquisition area, the impact on the population, residential houses and cultivated land is considerably small. The affected population by the project demolition occupies 16.8% of the total population in the village and group, and the affected cultivated land occupies 9.5% of the total cultivated land in the village and group. 2) The affected population and house by the project construction is 4 households (16 persons) and m 2 respectively, they are mainly centralized in Zheping Village. In the houses to be demolished, about 65.5% houses are brick concrete and brick wood structures, the brick concrete structure occupies 32.9% of the houses to be demolished, and the brick wood structure occupies 28

38 32.6% of the houses to be demolished. 3) The permanent land acquisition with an area of mu is required for the project construction, of which, the cultivated land to be acquisitioned is mu (including paddy field, mu, and dry farmland, 3.5 mu), accounting for 93.8% of the total land to be acquisitioned. The rest 6.2% is pond, housing plot, and wasteland. These cultivated land to be acquisitioned are distributed in 9 villagers groups in 3 villages of Chengjiao Township in Chenxi County, with the linear and scattered characteristics. 4) The 2 individual small shops affected by project construction are the unprofessional ones for both residence and business, the scale is considerably small, and the business profits are lower generally. 5) There is no affected enterprise and institution by the land acquisition and demolition in the project area. 6) There are no important special facilities in the project land acquisition and resettlement area, except for few traffic facilities Impact Analysis Evaluation The construction of project will damage the original production system in the affected area, and certain impacts will be brought to the local production and livelihood accordingly. The losses of the land resources will destroy the material conditions for livelihood of part of the farmers, so, they shall adapt to new environment for working and livelihood again. The staff of the design unit have fully considered the destructive effect of land acquisition on the local production and livelihood system during project design process, and accordingly, they have constantly optimized the project design, adopted project measures to reduce the land acquisition area, and relieved the impacts of project construction on local production and livelihood. At the same time, as the project is distributed in linear shape along Yuanjiang River and Shuangxi River, according to the analysis on each villager s group, among 8 villager s groups in 3 villages affected by the project land acquisition, each affected village will lose 9.5% of the land on average, the proportion of the land impact on all the villager s groups is less than 25%, of which, the proportion of the land impact on 5 villager s groups is less than 10%.Therefore, the impact of the project construction on the agricultural production of each village and group along the line is little, for the whole project area, its impact is local, and no large impact will be brought to the local agricultural production, people s livelihood, and development of social economy. Nowadays, the topography of the project impact area is low and flat, and wide, most areas often suffer from flood and waterlogging disasters, which restricts the development of local economy, the project construction has provided a chance for reconstruction of production system and social 29

39 system for resettlers. After completion of the project, the capability of flood control and emergency service along the new embankment will be greatly improved, and the disastrous degree of flood will be reduced, so as to provide a better environment that safeguard peoples lives and properties. At the same time, the circulation of the agricultural products and byproducts will be accelerated, and the development of local agricultural production will be improved. In addition, combinations of adjustment of agricultural plantation structure, perfection of farm and hydraulic facilities, reconstruction of farmland with low and middle yield of the resettlers, full exploitation of land resources potential are also the protective policies for cultivated land in project land acquisition according to the Land Administration Law of the People s Republic of China. According to the compensation system for cultivated land acquisition, and the policy of Cultivate what is occupied, try best to compensate the lost cultivated land, so as to reach a balance of acquisition and reclamation. Through resettlement planning, try best to resettle the resettlers in the areas with considerably superior natural and traffic conditions, and social environment. Additionally, the preferential treatment and support will be given to the resettlers from policies, technologies, funds, and substances, so as to ensure that they will resume or reach the former level as soon as possible. 30

40 3. Natural and Socio-Economic Conditions of the Project-Affected Areas 3.1 Natural Conditions of the Project-Affected Areas 1) Topographical and Geological Conditions The urban area of Chenxi County is situated at the edge of Yuanma basin with a topography of north-east higher and south-west lower, flood-control embankment is located at the front edge of thei-grade terrace of Yuanshui River, adjacent to the riverbed with plain surface. It has an elevation of 123~125m, higher than the riverbed for 12~13m, and has the ratio of bank and slope about 1:1.2~1:1.8. The river directly goes near the bank slope with intensified erosion on side and bottom and common bank collapse. The project area is located at the northeast of Xiangye of Mayang, and the north end of Chenxi ~ Huaihua twisted ruptured belt. According to the area data, the ruptured belt has had no moving evidence recently. According to the GB Version 1:4 million China Earthquake Peak Value Acceleration Regionalization Map, the earthquake peak value acceleration is <0.05g, and the characteristic cycle of earthquake response spectrum is 0.35s, and the corresponding earthquake basic intensity is less than VI degree, belonging to the relatively stable area. 2) Hydrologic and Meteorological Conditions The urban area is located in the middle reaches of Yuanshui River with a control area of 52241km 2. The Yuanshui River flows from the south-east through the urban area, and converges with Chenshui River, which flows from the south-west through the urban area. The urban multi-year average rainfall is mm, and the multi-year average runoff volume is 1490 million m 3. According to the statistics of Chenxi County Meteorological Station, the max. rainfall was mm and while the min rainfall was 960.7mm. The annual rainfall is quite uneven, mostly concentrating in April ~September. Especially after Wuqiangxi Station built, the natural hydrological rule is altered, and accordingly the flood disasters are more prominent. For the Chenxi Hydrological Station, the practically-measured min. water level was m, and the max. water level was m, 9m more than the alerting water level (119.00). The 20-year-occurrence flood flow is set at 22600m 3 /s, and the design flood level is m. In the urban area of Chenxi County, there exists Chenxi Meteorological Station. According to statistics of the meteorological data from 1961 ~ 1995, the multi-year average rainfall was mm, the multi-year average rainfall days were 156.4d, the multi-year average temperature was 17.0 and the multi-year average evaporation amount was mm, and for the other meteorological elements, see Meteorological Characteristic Values Table (Table 3.1). 31

41 Chenxi County Meteorological Characteristic Values Table Table 3.1 Items Unit Quantity Remark Multi-year average temperature ~1990 Max. monthly average temperature 28.4 July Min. monthly average temperature 5.1 January Extreme max. temperature 40.2 August 27, 1972 Extreme min. temperature January 30, 1977 Multi-year average rainfall mm Multi-year average rainy days d Daily rainfall 0.1mm days Multi-year average annual evaporation amount mm Multi-year average relative humidity % 78 Min. relative humidity % 15 Nov. 11, 1988 Max. wind direction Multi-year average wind velocity m/s 1.8 Practically-measured max. wind velocity N m/s 18 May 2, ) Mineral Resources The county has a lot of mineral resources, mainly coal, and gold, copper, lead, zinc, iron, titanium, vanadium, phosphor, limestone, fireproof clay and sulphur have certain storage. The county has large storage amount of coal, which has good quality, shallow storage, and is easy to exploit, so it is called Xiangxi Coal City. The sulphur, lead and zinc minerals are symbiotic, and can be comprehensively utilized. The gold is mainly distributed in Huangxikou, Houtang and Quanxi Townships, while copper is mainly distributed before the caves of Tanwan Town and Yangxi area. 4) Tourist Resources In Chenxi County there exist a lot of scenic spots such as Jiangdong Temple, Kuixing Pavilion and Shengli Park. In 2004, Yanzi Cave, Longmen Brook and Tianxing Cave were the major representative scenic spots, which met tourists for 0.10 million and realized tourist incomes of 1.20 million yuan. In 2003, 6.00 million yuan was invested to develop characteristics of the above stated scenic spots, and update the service level, accordingly the scenic spots became more attractive. 3.2 Socio-Economic Conditions in the Affected Areas of Project Chenxi County is situated in the west of Hunan Province and the north part of Huaihua Prefecture, and the territory is in 上 shape embedded in the middle reaches of Yuanshui River at the east side of Wuling Mountain. The geographic coordinate is located between the east longitude of ~ and north latitude of ~28 13, belonging to the subtropical climate. It is 32

42 adjacent with Yuanling in the north, neighboring Xupu in the east, and bordering on Luxi and Mayang in the west. The whole county has a total land area of 1190km 2, and has the main water systems of Yuanshui and Chenshui Rivers flowing through, the former enters from the south-east and slantingly into the middle part and flowing along the north-west, and latter enters from the south-east, turning to flow toward the north, and converging with Yuanshui River at Chenxi Town. Changhuai Highway connects the south and the north, and the Xiangqian railway transversely lies the south-east, accordingly, the transport of waterway and landway are quite convenient. By the end of 2000, the well-developed urban area is 3.1km 2 with a population of million, of which, the non-agricultural population is million with fixed assets of 2650 million yuan and the urban (suburb) industrial and agricultural output value of 270 million yuan. According to the city development planning of Chenxi County, it is predicted that in the design water level year, 2010, the urban population will reach 80,000 with an urban area of 5.03km 2 and an industrial and agricultural output value of 550 million yuan. The total GDP for 2001 was RMB million, increasing by 3.9%, compared with the last year, including RMB million yuan for the primary industry with an increase of 0.4%; RMB million yuan for the secondary industry with an increase of 5.5%; RMB million yuan for the tertiary industry with an increase of 6.5%. The percentage of the primary, secondary and tertiary industry three industries were 37.2:25.3:37.5 respectively. 1) Agriculture and Countryside Economy: In 2001, the whole county realized the gross output value of million yuan, based on the comparable price, the agricultural output value was million yuan, increasing by 3.3% compared with the last year, including million yuan for the agricultural output value, million yuan for the animal husbandry output value, 6.19 million yuan for the fishery output value, increasing by 1.3%, 7.7%, 9.8% respectively, and million yuan for the forestry output value, decreasing by 0.2%. The grain and various kinds of main agricultural and sideline products yield keep a steady increase trend. 2) Industry and Architecture: The whole county focused on activate the industrial enterprises and businesses, and made reforms on property rights system. During the innovation, the enterprises systems innovation and sci-tech progress were actively facilitated to maintain the steady increasing of industrial production. In 2001, the total industrial output value was million yuan, and the total output value of comparable price was million yuan. The total output value of state-owned and non-state-owned industries with annual sales incomes of more than 5.00 million yuan was million yuan according to the calculation based on the comparable price. 3) Investment of Fixed Assets: The total investment amount of the fixed assets was

43 million yuan, decreasing by7.7%, including million yuan for state-owned economic investment with an increase of 0.1 %, million yuan for collective economic investment with a decrease of 5.5% and million yuan for the individuals and other investment with a decrease of 28.4%. 4) Transport and Postal Communication: Due to the further development of traffic and transportation industry, the civil-use vehicles will reach 1899 sets at the end of year and with annual cargo transportation volume of 2,450,000 tons, increased by 6.5% over the last year, and the cargo turnover volume of 106,750,000 ton/km. The completion of passenger transportation volume is 4,520,000 persons per time, increased by 5.2% over the last year, and the overturn of passenger transportation is 220,030,000 person/km. 5) Domestic Trade and Foreign Economy The total amount of whole social retail consumable in 2001 is RMB million, increased by 7.6% over the last year. Classified by the characters of proprietorship: RMB million for public-owned economy, decreased by 3.4%; RMB million for non-state-owned economy, increased by 10.5% and accounting for 81.5% of total retail amount. Then classified by industries, it is as follows: the wholesale and retail trade for RMB million, increased by 14.1%; the catering industry for RMB million, decreased by 13.7%; agricultural producer s retail for RMB million, increased by 0.2%. Classified by components, the retail amount above county level is RMB million, increased by 13.0%, while RMB million for the retail amount below county level, increased by 2.8%. The total amount of whole-year foreign trade export is US$600,000 and the foreign investment invitation of RMB 53 million, increased by 6.6%. 6) Finance and Insurance With greater support to national economic development, the whole-year cash income of county s financial organs is RMB 2933 million, increased by 7.9% over the last year, and the whole-year cash expenditure is 3142 million, increased by 16.5%. The surplus amount of various savings is RMB million with RMB million increased over the early year and at the increase percentage of 15.9%. The surplus amount of various loans has been achieved at RMB million, which is RMB million increased over the same period of last year and at the increase percentage of 9.5%. With sustaining rapid increase of insurance industry, the gross income of insurance business in whole year is RMB million, increased by 6.9% over the last year; while the whole-year gross expenditure of insurance business is RMB million, which is 65.4% increased over the last year. 7) Technology and Education As 25 items of new productions and new technologies have been popularized in the whole year, the technological contributing ratio is 46%. There are 38 common 34

44 high schools and 341 primary schools with students in enrolment in the county, 1682 students decreased over the last year, including students in high schools, increased by 3698 students over the last year; and pupils, decreased by 6982 persons. Among the 5326 teachers in primary and high schools, 4812 persons are full-time teachers. Two professional high schools have 513 students and 61 teachers; 44 kindergartens of 7252 children and 127 teachers. In addition there is 1 adult technical secondary school and 1 advanced studying school in the county. The whole-year eligible graduates of junior and senior high schools are 86.6% and 78.5% respectively. And there are 986 students got the certificate to enter junior college and technical secondary schools, among which 735 students for the universities. 8) Culture, Sanitation and Physical Training Due to the further development of cultural and broadcasting industries, there are 30 cultural stations, 4 libraries with plus volume of public books in the county. Moreover, there are 4 cultural stations of high grade in the village, 28 cablecasting stations in the whole county seat and township. As the TV coverage rate has reached 86%, people have TV set, and households in the county seat and township have fixed CATV. The CATV coverage rate in the village is 39.2%. 43 sanitation organs with 1569 staff and 1378 professional technicians have been set up in the whole county, which can provide 1163 beds for the patients. Furthermore, there are 5 medical organs purchased 9 advanced equipments for medical treatment every year. Every year 31 sports meetings of county level have been held in the county, with more than 1100 athletes took part in them. In addition 17 medals have been obtained in the provincial or city-level sporting competitions, among which 10 for gold medals, 11 for silver medals and 10 for bronze medals. 9) Population and People s Livelihood The family planning has been implemented at the rate of 93.7%, the birthrate is 7.1, the death rate is 4.6 and the natural increase rate of population is 6.3. The total population is , increased by 4.1% over the last year, among which for agricultural population with 1522 persons increased over the last year, and for non-agricultural population with 605 persons increased over the last year. In 2001 the net income of county s farmer reached RMB 1750 per person, and the wage of employee also has been increased gradually. There are persons work in the town enterprises in the county, whose total payment is RMB million with RMB 6244 for each person per year staff have left but still have labor relationship with original enterprises. Each of them can get RMB 1373 as livelihood expenditure every year. The average saving of resident is RMB 1609 per person. The average living area of town residents has been reached 13 square meters per person, 35

45 while 23.8 square meters per person for rural residents. The processing rate of industrial wastewater has been reached 76%, industrial exhaust gas processing rate of 96.6%, industrial waste processing rate of 45.5%, comprehensive usage rate of industrial solid waste of 10.3%, and exhaust gas processing rate of 81.0%. Furthermore, the cleaning and transportation rate and uninjurious processing rate of rubbish in the county seat all reached 100%, and the virescence coverage rate has been achieved at 69.9%. Additionally 5 welfare and adoption institutions have been established in the whole county, which provide almsgiving to vulnerable persons in the county seat and township all the year round. 3.3 Socio-Economic Conditions of Townships (Sub-Districts) and Villages in among the Affected Areas of the Project The land requisition will have certain influences on 1 township, and 3 administrative villages. In Dec. of 2004, under the arrangement of the Provincial PMO, the local PMO and the design institute organized a thorough investigation on of the socio-economic conditions, production and living statue in the affected townships (Sub-Districts), and administrative villages (Residential Committees) with participation of by the Municipal PMO, the removed households design institutions for resettlement and other associate units. 1) Socio-Economic Conditions in the Affected Towns (Sub-District) According to the investigation, the project only has impacts on Chengjiao Township, which covers 18 villages and Residential Committees with a population of in 5356 households, including an agricultural population of in 4651 households, accounting for 94.5% of the total rural population; There is an employed population of 11610, of which those undertake agricultural production are 9298 persons, accounting for 80.1% of the employed population. Chengjiao Township has a cultivated land area of mu (including 11633mu for paddy fields), and cultivated land per capita was 0.82mu; In 2003, the economic output value of the Chengjiao Township was RMB million yuan, with a major income source from plantation and animal husbandry, of which, the agricultural incomes were RMB million yuan, accounting for 42.3% of the total income and the incomes from the animal husbandry were RMB 4.20 million yuan, accounting for 20% of the total. For the details, see Table

46 The Socio-Economic Conditions of the Affected Towns and Townships (Sub-Districts) by Chenxi County Urban Flood Control Project Table Indices Unit Total Chengjiao Township I Basic conditions (I) Residential Committee Piece 1 1 (II) Villagers committee Piece Villages with electricity Piece Villages with postal communication Piece Villages with telephone Piece Villages with highways Piece Villages with water supply Piece 9 9 (III) Households in villages household Non-agricultural households household Agricultural households household (IV) Population in Villages person Non-agricultural population person Agricultural population person (V) Labor forces in villages person (VI) Employed population in villages person Employed population in Agriculture person Employed population in Industry person Employed population in architecture person Employed population in Traffic, storage and post person Employed population in wholesale and retail person Employed population in Accommodation and dining person Others person II Agricultural production conditions 0 (I) Cultivated area mu Paddy field Dry farmland (II) Total cultivated area of crop mu Grain cultivated area mu Yield of per unit area kg/mu Yield ton (III) Per capita plantation area of agricultural population mu/person III Economic conditions of countryside 0 (I) Total economic income yuan Agricultural income yuan Including: plantation income yuan Other agricultural incomes yuan Forestry income yuan Animal husbandry income yuan

47 The Socio-Economic Conditions of the Affected Towns and Townships (Sub-Districts) by Chenxi County Urban Flood Control Project Table Indices Unit Total Chengjiao Township 4.Fishery income yuan Industrial income yuan Agricultural income yuan Transportation income yuan Catering income yuan Serving income yuan Other incomes yuan (II) Per capita income of farmers Yuan Including: villages with incomes per capita of RMB 1300~1600 yuan piece villages with incomes per capita of RMB 1600~2000 yuan piece 8 8 villages with incomes per capita of RMB 2000~2500 yuan piece 0 2) Basic Conditions in the Affected Villages (Residential Committees) The investigation shows that: the 3 affected administrative villages (Residential Committees) have a population of 2958, including an agricultural population of 1957, accounting for 66.2% of the total population; The current cultivated land area is 900.6mu, including 747.2mu for paddy fields, 153.4mu for dry farmlands, and for the agricultural population, the per capita farmland is 0.46 mu. According to the investigation, the income per capita of the 3 administrative villages (Residential Committees) is RMB 1300 yuan/year~1460yuan/year. In 2003, the average income per capita of the affected villages (Residential Committees) was RMB 1369 yuan/year, lower than the average level for Chenxi County or 1750 yuan per capita. Among the 23 administrative villages (Residential Committees), there are only 15 minorities, or 0.51% of the total population. The main minorities are Miao and Tujia Minorities. In addition, there are 213 persons in the vulnerable group, such as poverty- stricken, disabled families deformities and aged people s families that live alone, accounting for 7.2% of the total population. For the basic conditions of the affected villages in the project, see Table Basic Conditions of Resettlers Investigation Objectives 1) Introducing the positive significance of urban flood control project to the resettlers; 2) Investigating and comprehending the affected degree of the resettlers; 3) Soliciting opinions from the resettlers to reflect their willingness in the schedules of rehabilitation for production and livelihood; 38

48 Table Town and township (Sub-District) The Basic Conditions of the Affected Villages (Residential Committees) by Chenxi County Urban Flood Control Project Village Population (person) Cultivated area (mu) Income of per National Minority Underprivileged Group (Residential Committee) TotalAgricultural Non-agricultural Total Paddy Cultivated area of Dry capita PopulationPercentage Population Percentage per capita (mu) population population field farmland (yuan/year) (person) (%) (person) (%) Chengjiao Dongxing Paotai Zheping Remarks Miao, Tujia 39

49 4) Analyzing the economic incomes and expenditures, determining the economic development objective and providing accurate basis for resettlement planning; 5) Establishing economic incomes model for resettler s families; and analyzing and forecasting changes of economic incomes Investigation Content The socio-economic investigation is classified into two kinds: one kind is investigation on the basic. Social and economic conditions of affected households, another is investigation on the wish of the relocates. A. Basic Conditions of Affected Households 1 Basic Family Condition: will include family members, age, sex, educational level, career, nationality, housing area and structure. 2 Household Properties: The means of livelihood consist of big furniture, color (black and white) TV, refrigerator, washing machine, VCD, air conditioner, water heater, electric fan, electric cooker, motorcycle, bicycle, telephone, etc; While the means of production comprise land, water surface, household industrial and subsidiary production as well as production machinery such as tractor, thresher, grinder, water pump, livestock for cultivation, agricultural tricycle, automobile, motorcycle and barge. 3 Agricultural production conditions and income levels: The contracted land comprises cultivated land, garden plot, woodland and lands for other usage; The yield of agricultural products consist of grain yield, other crops yield and grain possession; The household incomes include incomes from plantation, animal husbandry and other non-agriculture; The household expenditures include expenditures for living, interpersonal communication, education, agricultural costs, taxes and others; The annual net income per capita of households. B. Investigation on resettlers willingness The investigation on resettlers willingness mainly consists of the awareness on the project, channels to comprehend the project, attitude, expected production and resettlement modes in addition to the other most concerned problems Investigation Method and Procedure In Dec. of 2004, the resettlement survey team, under the cooperation of the governments at all levels in the project area, conducted a detailed survey on the basic social economic conditions of the affected households and the resettlers willingness 1) Investigation on the Basic Conditions of Affected Households For the investigation on the basic conditions of affected households, a sampling survey in site was 40

50 made to the affected households. After filling the questions of survey form, the affected households made signature for confirmation. The 16 sampling households within the affected area of the project were taken, accounting for 29.1% of the total affected households. The selected samples basically cover most affected townships and villages, except the areas affected by the temporary land occupation. The samples are representative and typical and can be used for basis for the project impact analysis. For the detailed sample survey distribution of removed households, see Table Table3.4-1 Sampling Distribution Table of the Affected Immigrants Households due to the Resettlement Project Table Total Sampling Township Affected Sampling Affected Percentage (Sub-District) Villages Households Households (%) Total Chengjiao Zheping Paotai Dongxing Chengjiao Zheping Paotai Dongxing Remarks Influence from temporary land acquisition Influence from temporary land acquisition Influence from temporary land acquisition 2) Investigation on resettlers willingness and attitudes Investigation on resettlers willingnessfor adopts the mode of sample survey with a sampling ratio of 33%. The resettlement planning team prepared a survey form. The different levels of governments organize people to distribute survey forms in the project areas and ask affected people to fill up. In the affected area of the project, there are 18 survey forms issued to the resettlers, and 16 effective forms returned with an effective ratio of 89% Investigation Results and Analysis 1) Investigation on the Basic Conditions of Removed Households The sample survey and analysis shows that: 1 Household Size of the affected households: 3.75 persons / family in average in the affected area of the project, including 3.00 persons for labor forces with age 17~60, 0.38 person of 41

51 younger than 17 years old and 0.38 person of older than 60 years old. 2 Gender Percentage: The male/female ratio in the project area is 1: Age makeup: The labour forces at age of 17~60 possess 80% of the total population, 10% for younger than 17 years old and 10% for older than 60 years old. 4 Ethnic Background: The 98.3% of the affected people are classified as Han Nationality, and 1.7% as the minorities. 5 Educational level: In the affected area of the project, every 100 persons, there are 8.3 persons with educational level of higher than senior middle school, 16.7 persons with educational level of senior middle school, 41.7 persons with educational level of junior middle school, 30 persons with primary school and 3.3 illiteracies or half-illiteracies. 6 Housing area per capita: The housing area for every household is m 2 and that per capita is 27.07m 2. The structures of houses are mainly brick-concrete and brick wood structure. 7 The land contracted by the collective: In countryside, each household contracts 1.73 mu of cultivated land, averaging 0.46mu per capita; The grain yield of each household is 1623kg in average 433kg per person; Each household has average 15.2 live livestock for sale and 38.6 for poultry. 8 Family property: For every 100 households, there are 110 TVs (61 for Black and White TV and 49 for Colour TV), 180 electric fans, 12 refrigerators, 20 washing machines, 261 bicycles, 32 motorcycles, as well as 547 big furniture such as sofas, big bureaus and chest of drawers. 9 Economic incomes and expenditure: Each household has an annual total incomes of RMB 9822 yuan, averaging RMB yuan per household; Each household has an annual total expenditures of RMB 9640 yuan, the annual expenditure per capita is RMB yuan; Each household has an annual net incomes of RMB 5179 yuan averaging RMB 1381 yuan per capita. For the total basic conditions of the affected households by the project, see Table

52 Table Investigation Table for Basic Conditions of Households of Chenxi County Urban Flood Control Project Table Chengjiao Township (16 households) Items Unit Indices per Indices per Total household I Affected household size 1.Total Population of Household person Including: female person Labor forces of 17~60 years old person Population younger than 17 person Population older than 60 person II Educational level 1.More than senior high school person Senior high school person Junior high school person Primary school person Non-educated person III Nationalities 0 1.Han Nationality person National Minority person IV. Housing area 0 1.Housing area per household m Housing area per capita m V. Agricultural production 1.Contracted plantation area per household mu Plantation area per capita mu/person Grain yield kg Grain occupation per capita kg/person Livestock piece Poultry piece VI. Household property 1.TV piece Including: color TV piece Electric Fan piece Refrigerator piece Washing machine piece Bicycle piece Motorcycle piece Large furniture piece VII. Annual total incomes Remark 43

53 Table Investigation Table for Basic Conditions of Households of Chenxi County Urban Flood Control Project Table Chengjiao Township (16 households) Items Unit Indices per Indices per Total household 1.Agricultural incomes yuan Stockbreeding income yuan Non-agricultural income yuan VIII. Annual consumption expenditure yuan Living expenditure yuan Production expenditure yuan Other expenditures yuan IX. Annual household income Remark 2) Basic Attitude of Affected People The sample survey and analysis shows that: 1 Have knowledge with the project: 100% of the affected people claimed that they had knowledge of the project. 2 Sources of information: 84.3% of the affected people get known from the investigation persons and 15.7% from the residents of the neighboring villages. 3 Support attitude: All affected people hold an attitude of supporting to the project. 4 Views on Impact : 88.51% of the affected people think the flood control benefit is obvious, and by the way of the reasonable compensation, the negative impacts can be alleviated; 3.16% think the flood control benefit is obvious, while the negative impacts are big; 8.33% think the flood control has no influence, but the removal will bring a certain negative impacts. 5 Resettlement Approach: The 87.1% immigrants choose self-construction based on housing plots arranged by the government, while the 12.9% choose the concentrated reconstruction of resettlement housings. 6 Economic rehabilitation: 46.9% of resettlers ask for cash compensation, and of 53.1% ask for replacement land through land adjustment. 3.5 Social and Economic Effects for Resettlement to the Affected Population The project implementation will produce a certain impact on socio-economic factor: 1. The affected area is located at the junction of the rural and urban areas with good infrastructure conditions, where the local farmers have a lot of opportunities in non-farm employment, such as day labor and small business. Most those surplus labor forces have moved into the second and 44

54 tertiary industry or individual business, gradually moving out of reliance on the land. According to the investigation, in the affected areas, there were employed labor forces, including 2310 non-agricultural population engaged in industry, architecture, traffic, wholesale and retail, accounting for 9.9% of the rural labor forces. Analysis from the incomes structure, the annual total income of the affected households was 9822 yuan, including 2598 yuan for the agricultural incomes, only accounting for 26.45% of the total income. The investigation shows that: in spite of the land loss, the local farmers will suffer the decrease of agricultural incomes, however, due to the small proportion for plantation in the total incomes, they will have little impacts on their production and living. 2. For farmers with land plantation as their main livelihood resources, the land loss will result in the loss of complete or partial means of production, however, as the project is linearly distributed along the Yuanjiang River and Shuangxi, the land acquisition of the project will result in slight influence on the agricultural production of resettlers, on average every affected village will lose their land of 9.5%. According to the site investigation, it is known that, in the affected 9 villager s groups, all groups have the cultivated land proportion of less than 25%, and 5 groups (55.6%) have the cultivated land proportion of less than 10%, and most groups have suffered little impacts. In addition, in the affected villages the agricultural resettlement mode of newly local farmland adjustment is planned to adopt, which can try not to impact the traditional production mode and livelihood of the affected persons, and can restore, or even develop their living standard within short period of time; the cash compensation mode can also be directly adopted, so the farmers can put the land compensation costs into the agricultural operations such as adjusting plantation structure and developing greenhouse vegetables or other non-agricultural operations such as developing livestock breeding, which would increase their incomes and mitigate their poverty-stricken status, therefore, the land occupation will produce little impacts on their production and livelihood. 3. For relocated households, the process of moving and decorating new houses will consume certain manpower and material resources for the affected households, which need to be considered by the project sponsors. The PMO will, according to the associated policies, make compensation to their loss of moving and traffic costs, complete infrastructure costs around the new housing plot by the way of providing the necessary livelihood subsidy. In addition, the PMO and the local village committees will provide necessary assistance. Therefore, the impacts from the project will be reduced to the minimum. The project construction will bring a lot of influences on the residents and businesses within the 45

55 project area, but the impact is slight and after completion of the project, it will create favorable conditions for further development of Chenxi County, and facilitate the sustainable quick increase in economy. 46

56 4. Legal Framework and Policy 4.1 Main Chinese Laws & Regulations and Policies for Resettlement Policy Bases National Laws and Regulations: 1. Land Administration Law of the People s Republic of China. (The 8 th Chairman Decree of PRC, issued on August 29,1998, starting implementation since January 1,1999) 2. Implementation Regulations for the Land Administration Law of the PRC. (The 256 th State Council Decree of the PRC, issued on December 27,1998, starting implementation since January 1,1999) 3. Urban Houses Demolition Administration Regulations of the PRC. (The 305 th State Council Decree of the PRC, issued on June 13,2001, starting implementation since November 1,2001) 4. Provisional Regulations on Cultivated Land Acquisition Tax of the PRC. (The GF [1987] NO.27 issued by the State Council: A Notice about Issuing by the State Council) 5. The Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (The GF [2004] NO.28 issued by the State Council on October 21,2004) 6. The Directive about Perfecting the Compensation Resettlement System for Land Requisition (The GTZF [2004] NO.238 issued on November 3,2004) Laws and Regulations of Hunan Province 1. Methods of Hunan Province for Implementing the Land Administration Law of the PRC. (Passed in the 14 th Meeting of the 9 th People s Congress Standing Committee of Hunan Province on March 31,2000) 2. Methods of Hunan Province for Implementing the Urban Houses Demolition Administration Regulations of the PRC. (The 157 th Decree issued by People s Government of Hunan Province on July 12,2002, starting implementation since September 1,2002) 3. Implementing Methods of the Cultivated Land Acquisition Tax of Hunan Province (Amendment) (Issued by the Hunan Province People s Government on October 4,1987, and amended as the decision about amending Implementing Methods of the Cultivated Land Acquisition Tax of Hunan Province by Hunan Province People s Government on May 4,1998) 4. The Notice by Hunan Provincial Commodity Price Bureau and Finance Department about Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System (XJF [2003] NO.42) 47

57 4.1.2 Relevant Laws and Regulations National Laws and Regulations 1. Selected Provisions of Land Administration Law of the PRC Article 2: The State may, on the necessity of public interest, requisition land collectively owned in accordance with law. The State practises the system of paid-for use for state-owned land in accordance with law. However, appropriation of state-owned land use right by the State within the scope prescribed by law is excluded. Article 10: Peasants' collectively-owned land that belongs to peasants' collective ownership of a village according to law shall be managed and administered by the village collective economic organization or villagers' committee; the land that belongs separately to more than two rural collective economic organizations and owned collectively by peasants shall be managed and administered by the respective rural collective economic organizations or villagers' teams; the land that belongs to township(town) peasants' collective ownership shall be managed and administered by the township(town) rural collective economic organization. Article 14: Land collectively owned by peasants shall be contracted for management by members of the respective collective economic organization for cultivation, forestry, animal husbandry and fishery production. The duration of land contracting and management shall be 30 years. The contract issuing party and the contractor should conclude a contract agreeing on the rights and obligations of both parties. Peasants who contract management of the land have the obligation to protect and utilize the land pursuant to the agreement in the contract. Peasants' right to contract land for management is protected by law. Within the duration of land contracting and management, in the event of appropriate adjustment of land contracted among individual contractors, it must have the consent of over two thirds of the members of the villagers' conference or over two thirds of the villagers' representatives, and be submitted to the competent department of agriculture administration of township/town People s Government and People s Government at the county level for approval. Article 31: The State protects cultivated land and strictly controls turning cultivated land into non-cultivated land. The State practises the system of compensation for the occupation and use of land. For the occupation and use of cultivated land for non-agricultural construction with approval, the unit that occupies and uses cultivated land shall be responsible for the reclamation of cultivated land equivalent to the quantity and quality of cultivated land occupied and used in accordance with the principle of "quantity of reclaimed land being equivalent to that occupied". Where there are no conditions for reclamation or the reclaimed land does not conform to requirements, cultivated land 48

58 reclamation fee should be paid as prescribed by the provinces, autonomous regions and municipalities directly under the Central Government, the special-purpose fund shall be used for the reclamation of new cultivated land. Article 46: For land requisitioned by the State, local People s Government at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and organize its implementation. Owners and persons of the right to use of the requisitioned land should, within the specified time period of the announcement, bring the ownership certificates to the competent departments of the local People s Governments to enter into registration for compensation for land requisition. Article 47: For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land. Compensation fee for the cultivated land requisitioned includes land compensation fee, subsidies for resettlement as well as compensation fee for ground appendixes and young crops. Land compensation fee for the cultivated land requisitioned shall be 6-10 times of the average annual output value in the three years prior to requisition. Subsidies for resettlement for the cultivated land requisitioned shall be calculated on the basis of the agricultural population that requires resettlement. The agricultural population that requires resettlement shall be calculated on the basis of the amount of cultivated land requisitioned divided by the average occupancy of cultivated land of the unit requisitioned. The rate of subsidies for resettlement per head of the agricultural population that requires resettlement shall be 4-6 times of the average annual output value in the three years prior to requisition of the said cultivated land. However, the maximum subsidies for resettlement for cultivated land requisitioned per hectare shall not exceed 15 times of the average annual output value in the three years prior to the requisition. The rate of land compensation fee and subsidies for resettlement for the requisition of other lands shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government, taking the rate of land compensation fee and subsidies for resettlement for the requisition of cultivated land as reference. Rate of compensation for ground appendixes and young crops on the requisitioned land shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government. For requisition of suburban vegetable plots of municipalities, the land use unit should, pursuant to relevant provisions of the State, pay to the new vegetable plot development and construction fund. Additional subsidies for resettlement may be provided for those peasants who require resettlement and cannot maintain their original living standards on the basis of land compensation fee and 49

59 subsidies for resettlement the payment of which is effected pursuant to the provisions of the Second Paragraph of this Article subject to the approval of People s Governments of the provinces, autonomous regions and municipalities directly under the Central Government. However, the total of land compensation fee and subsidies for resettlement shall not exceed 30 times of the average annual output value in the three years prior to requisition of the land. The State Council may, in accordance with the level of social & economic development, increase the rate of land compensation fee and subsidies for resettlement under extraordinary circumstances. Article 48: Upon determination of the scheme for compensation and resettlement for land requisition, the local People s Government concerned should make an announcement and seek the views of the rural collective economic organization and peasants of the requisitioned land. Article 49: The rural collective economic organization of the requisitioned land should publish the revenue and expenditure of the compensation fee of the requisitioned land for the members of the respective collective economic organization and accept supervision. It is forbidden to embezzle or divert the land compensation fees and other related expenses. Article 50: Local People s Governments at all levels should provide support for rural collective economic organizations and peasants of the requisitioned land for development, management and establishment of enterprises. Article 54: Use of state-owned land for a construction project should be obtained in the form of onerous use such as transfer. However, the following use of land for construction may be obtained in the form of appropriation subject to the approval of the People s Government at or above the county level in accordance with law: (1) Land use by state organs and land use for military purposes; (2) Land use for urban infrastructure and land use for non-profit undertakings; (3) Land use for such infrastructure as energy, communications and water conservancy to which the state renders key support; (4) Other land uses prescribed by laws and administrative regulations. Article 57: Construction of a construction project and geological survey that need to temporarily use state-owned land or land collectively owned by peasants, it shall be subject to the approval of the competent department of land administration of the People s Government above the county level. Among which, for temporary use of land within an urban planning zone, consent of the competent department of urban planning should be sought first prior to submission for approval. The land user should conclude a contract for the temporary use of the land with the competent department of land administration concerned or the rural collective economic organization and 50

60 villagers' committee in accordance with the ownership of the land, and effect the payment of compensation fee for the temporary use of the land. User of temporary use of the land should use the land according to the use agreed on in the contract for the temporary use of the land and shall not construct permanent constructions thereon. The duration of temporary use of land shall generally not exceed 2 years. Article 62: One household of villagers in a rural area can only possess one housing plot, the area of which shall not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government. Construction of villagers' residences in the rural areas should conform to the overall planning for township/town land utilization, and the best possible use of original house sites and idle land in the village. 2. Selected Provisions of Urban Houses Demolition Administration Regulations of the PRC Article 22: The relocater should provide compensation to the resettlers in accordance with this Regulations. For the demolition of the peccancy building and the temporary building over approval term, the relocater shall not provide compensation. But for the demolition of the temporary building within the approval term, the demolition should provide proper compensation. Article 23: The ways of demolition compensation can be money compensation or property rights transposition of house. The resettlers can choose the way of demolition compensation. Article 24: The amount of money compensation should be considered according to the position, use and building area of the removed house and shall be confirmed with evaluating price in the realty mart. Article 25: For the way of property rights transposition of house, the relocater and the resettlers should calculate the compensation amount of removed house and the house price for transposition to balance the price difference of the property rights transposition according to the Article 24 of this Regulations. The demolition of auxiliaries of non-public welfare houses shall not be solved with property rights transposition, but with money compensation by the relocater. Article 28: The relocater should provide houses that accord with quality & safety standards of the State for resettlement. Article 31: The relocater should pay demolition subsidies for the resettlers or the tenant. During the transition term, in case of that the resettlers or the tenant settles for himself/herself, the relocater should pay subsidies for temporary resettlement; in case of that the resettlers or the tenant uses the revolving house, the demolition shall not pay subsidies for temporary resettlement. 51

61 3. Selected Provisions of Provisional Regulations on Cultivated Land Acquisition Tax of the PRC Article 2: The cultivated land called in this Regulations refers to the land for planting crops or the land that had been used for planting crops within the 3 years prior to acquisition. Article 3: All the units or individuals that acquire cultivated land for house building or for other non-agricultural construction, are the taxpayers of cultivated land acquisition tax (hereinafter called taxpayer), and should pay cultivated land acquisition tax according to this Regulations. Article 4: The cultivated land acquisition tax shall be calculated according to the actual area of acquired land by taxpayer and shall be assessed upon as the specified amount in one time. Article 5: The amount of cultivated land acquisition tax is controlled as follows: (1) Take county as one unit (same hereinafter). For the area where the average occupancy of cultivated land is under 1mu (including 1mu), the tax rate is 2-10 yuan/m 2. (2) For the area where the average occupancy of cultivated land is 1-2mu (including 2mu), the tax rate is yuan/m 2. (3) For the area where the average occupancy of cultivated land is 2-3mu (including 3mu), the tax rate is yuan/m 2. (4) For the area where the average occupancy of cultivated land is over 3mu, the tax rate is1-5 yuan/m 2. Article 9: The cultivated land acquisition tax should be assessed upon by the finance organ. After approving the cultivated land acquisition of unit and individual, the land administration department should give notice to the finance organ of same level in time. The unit or individual that is approved to requisition or acquire the cultivated land should declare tax-paying to the finance organ with the approval documents by the land administration department above county level. The land administration department shall assign land acquisition according to the tax-paying receipt or the approvable documents of requisition. 4. Selected Provisions from the Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (3) Strictly enforcing compensation system for land acquisition: The approved cultivated land acquired for the non-agricultural construction shall be compensated by the construction unit with the cultivated land of same quantity and quality. And the quantity and quality of cultivated land for supplement shall be converted according to its degree to prevent more acquisition but fewer compensation, and compensation with bad cultivated land for cultivate land of high quality. The construction unit --- which can not compensate by itself ---- shall pay the cultivate land reclamation fee according to the provisions of each province, autonomous regions and municipalities directly 52

62 under the Central Government. The cultivated land reclamation fee shall be administrated with special account, and can not be reduced or remitted or peculated. The cultivate land supplement fee for construction project invested by the government must be list into the project general calculation. (13). Properly resettling the farmers affected by land requisition: The local People s Government above county level shall work out specific methods to ensure the further living of farmers affected by land requisition. The farmers affected by land requisition can take the usufruct of legally approved land for construction to buy a share of some projects with steady profit. For the inside of urban planning area, the local People s Government shall list the farmers who will lose cultivated land because of land requisition, into urban employment system and set up system of social security; for the outside of urban planning area, during the process of land requisition, the local People s Government shall, in its administration area, leave some cultivated land or arrange job for the farmers affected by land requisition; for the farmers, who will lose their cultivated land and basic conditions of production and living, the local People s Government shall resettle them in other area. The department for labourer and social security shall, together with relevant departments, make a directive about employment training and social security as soon as possible. (14). Perfecting land requisition procedure: During the process of land requisition, the farmers ownership of collectively-owned land and the farmers rights for land contracting and management shall be protected. Before report and approval, the farmers affected by land requisition shall be informed about the use, position, compensation standards of land to be requisitioned, resettlement approaches; and the investigation results about the present situation of land to be requisitioned must be confirmed by the rural collective economic organizations and the farmers affected by land requisition; and if necessary, the department of land and resources shall, according to relevant provisions, organize evidentiary hearing. The necessary materials for land requisition approval should include the relevant date as understood and confirmed by the affected farmers by land requisition.the coordination and judgement system for compensation resettlement dispute shall be established and perfected as soon as possible to protect legal rights of the affected farmers by land requisition and the land user. Except the special cases, all the approved items for land requisition shall be publicized. (15). Strengthening the supervision on implementation process of land requisition: Land can not be requisitioned by force, if the compensation resettlement for land requisition was not fulfilled. The People s Governments of province, autonomous regions and municipalities directly under the Central Government, according to the principle ---- which states that the compensation fee for land requisition is used mainly for the affected farmers, shall work out the assignment methods of 53

63 compensation fee for land requisition inside the rural collective economic organization. The rural collective economic organizations shall publicize the expenses and receipts, assignment of compensation fee for land requisition to its members and take its members supervision. 5. Selected Provisions from the Directive about Perfecting the System of Compensation Resettlement for Land Requisition (4). Assignment of land compensation fee: The land compensation fee shall be reasonably assigned, according to the principle ---- which states that the compensation fee for land requisition is used mainly for the affected farmers, inside the rural collective economic organization. The detailed assignment methods shall be work out by provincial People s Government. The land compensation fee for rural collectivity ---- whose land is totally requisitioned and whose economic organization is disbanded at the same time, shall fully used for the production and living resettlement of the affected farmers by land requisition. (5). Resettlement of agricultural production: For the requisition of collectively-owned land outside the urban planning area, these kinds of land, such as rural collective non-planed land, contracted land handed back by contracting farmers, land for contracting transfer and land newly-added during land development and arrangement shall be used firstly as the necessary cultivated land for the affected farmers by land requisition in order to ensure their continuous agricultural productions. (6). Resettlement by new employment: The land requisition unit or the local People s Government shall try its best to provide the affected farmers with free labor skill training and arrange them with proper jobs. Under the same conditions, the land requisition unit shall employ the affected farmers first. During the requisition of collectively-owned land in the urban planning area, the local People s Government shall list the farmers who will lose cultivated land because of land requisition, into urban employment system, and set up system of social security. (9). Information of land requisition: Before reporting for approval, the local department of land and resources shall in written form inform the farmers and rural collective economic organization affected by land requisition, about the use, position, compensation standards, resettlement ways of land to be requisitioned. All the attachments or young crops ----which are newly planted or built after informing by the farmers or rural collective economic organization affected by land requisition, shall not be compensated in requisition. (10). Confirming of land requisition investigation results: The local department of land and resources shall investigate the ownership, kind, area of the land to be requisitioned and the ownership, kind, area of land attachments. And the investigation results shall be confirmed together with the farmers and rural collective economic organization affected by land requisition, and the property owner of land attachments. 54

64 (11). Organizing of evidentiary hearing for land requisition: Before reporting for approval, the local department of land and resources shall inform the farmers and rural collective economic organization affected by land requisition that they have the rights to apply evidentiary hearing of the compensation standard of the land to be requisitioned and resettlement approach. If there is party applying for evidentiary hearing, the evidentiary hearing shall be organized according to relevant procedures and requirements of the Provisions for Evidentiary Hearing of Land Resources. (12). Publicizing of approval items for land requisition: For the land legally approved for requisition, the ministry of land and resources and its provincial department shall publicize the approval items by media, expect for the special cases referring to state secrets. The county (city) land and resources department shall publicize, according to the provisions of the proclaiming methods for land requisition, the approval items in the village or group affected by land requisition. (13). Payment of compensation resettlement fee for land requisition: After the compensation resettlement plan is approved by city/county people s government, the compensation resettlement fee shall be paid for the rural collective economic organization within the legally stated period Laws and Regulations of Hunan Province 1. Methods of Hunan Province for Implementing the Land Administration Law of the PRC Article 10: Where there are no conditions for reclamation or the reclaimed land does not conform to the requirements, the cultivated land reclamation fee should be paid to the land administration department of provincial People s Government as the following standards when applying for turning agricultural land into other use. After approval for acquisition of the basal farmland, the reclamation fee shall be times of the average annual yield within the three years prior to acquisition. Among which of acquisition the vegetable land, the reclamation fee shall be times of the average annual yield of adjacent paddy field within the three years prior to acquisition. After approval for acquisition of the other cultivated land except for the basal farmland, the reclamation fee shall be 6-10 times of the average annual yield within the three years prior to acquisition. The construction unit should list the cultivated land reclamation fee as construction cost into the general investment of the construction project. The land administration department of provincial People s Government should save the cultivated land reclamation fee with special account according to the regulations of provincial People s Government, organize reclamation as the planning and allocate enough reclamation fee to the unit that is responsible for the reclamation of cultivated land. Article 18: Land compensation fee for the acquired land shall be paid in accordance with following 55

65 standards. (1) The compensation fee for cultivated land (including paddy field, dry farmland and vegetable land), fishpond and lotus pond, shall be 6-10 times of the average annual yield of the land in the 3 years prior to acquisition. (2) The compensation fee for fruit garden, tea garden and economic forestland, shall be 50%-100% of the compensation standard of the adjacent paddy field, and the compensation fee for other forestland shall be 30%-50% of the compensation standard of the adjacent paddy field. (3) The compensation fee for grazing land shall be 30% of the compensation standard of the adjacent paddy field. (4) The compensation fee for the land used for public facilities or public enterprise of township /town /village and the rural housing plot of villagers, shall be equal to the compensation standard of the adjacent paddy field. (5) The compensation fee for fields on the hill, wasteland and other unused land, shall be 20% of the compensation standard of the adjacent paddy field. Article 19: Resettlement subsidies for the acquisition land shall be paid in accordance with the Article 47 of the Land Administration Law. Resettlement subsidies for the acquisition of fishpond, lotus pond, fruit garden, tea garden and economic forest land shall be paid in accordance with the regulations for requisition of cultivated land. Resettlement subsidies for other forestland and grazing land shall be paid in accordance with 50% of the standard of the adjacent paddy field. For the requisition of the land used for public facilities or public enterprise of township/town/village, the housing plot of villagers, and the land used for water conservancy, such as pond, channel, and dam, if it is necessary to rebuild, the resettlement subsidies shall be paid in accordance with the standards of reconstruction land; if unnecessary, the resettlement subsidies shall be paid appropriately. Resettlement subsidies shall not be paid for the requisition of barren hill or wasteland. Article 20: The compensation fee for the ground appendixes and young crops on the requisition land shall be paid in accordance with the following regulations. (1) The compensation for the young crops whose growing period is under 1 year, shall be paid according to the output value of one season, for the young crops whose growing period is over 1 year shall be paid according to the output value of 1 year. The compensation fee for the young crops shall also be paid with the actual loss according to the growing period. (2) The compensation for the forest trees that can be transplanted shall be paid transplanting fee together with actual loss. The forest trees that can t be transplanted shall be evaluated and purchased, and the compensation for the forest trees that are lopped by the owner shall be paid 56

66 with the actual loss. (3) Houses as well as other building and structures on the requisitioned land can be removed as compensation or purchased with equivalent price, or be compensated with equivalent houses, other buildings and structures. Article 32: One household of villagers in a rural area can only possess one housing plot, the area of which shall conform to the overall planning for land using of township/town. The cultivated land area of every household shall not exceed 130m 2, the waste hill & land area shall not exceed 210 m 2, and the other land area shall not exceed 180 m Methods of Hunan Province for Implementing Urban Houses Demolition Administration Regulations (2002) Article 7: For rights, area, structure, use, etc of the removed house, it shall take the house ownership certificate as standards. For the item that is not given clear indication on the ownership certificate, it shall take the record of property right or other effective documents as standards. For the item that has been changed to other use, it shall take the approval documents by planning administration department and other relevant departments. Article 16: In the case of exchanging the property rights of removed houses, it is necessary for the relocater to provide resettlement houses that have legal procedure and accord with the quality & safety standards of the State and achieve resettlement only one time. For the transitional resettlement due to special conditions, it is necessary to arrange revolving houses according to Article 20 of this Methods after the agreement with resettlers and houses demolition administration department. During the transition period, the design of replacement houses can be changed when relocater reaches an agreement with resettlers. Article 17: The resettlers or the tenant of public house who possesses too small house area (calculated including his other houses in same urban planning area) and is treated with the lowest living protection shall be arranged with replacement housing to ensure the lowest living level. Article 18: In the case of exchanging the property rights of removed houses, the relocater should transact registration procedure of houses property rights for the resettlers in time. The departments and units for control of household, education, and medical treatment, should transact relevant procedures for the resettlers in time, such as household transferring, school transferring and medical treatment, in accordance with the resettlement certificate of house demolition that provided by resettlers. Article 19: For the demolition of houses for production and management, the relocater should pay the demolition subsidies for the resettlers or the tenant. For the equipment that can t be removed or renewed to use, the relocater should pay relevant compensation. The amount of compensation fee 57

67 and subsidies for demolition shall be confirmed in accordance with the actual expense for teardown, conveyance and installation of the production equipment or with the actual value of the disused production equipment. For the demolition of domicile, the relocater should pay the demolition subsidies for the resettlers or the tenant. In the case of resettlement of only one time, the relocater shall pay the demolition subsidies in one time; in the case of transitional resettlement, the relocater shall pay the demolition subsidies according to the demolition times, and the demolition subsidies shall be confirmed according to the actual requirement. In the case of that the relocater takes charge of demolition, the relocater shall not pay the demolition subsidies. Article 20: During the period of transitional resettlement, the relocater should pay the temporary resettlement subsidies for the resettlers or the tenant that arranges revolving for himself/herself. The amount of the temporary resettlement subsidies shall be confirmed in accordance with the rent for using the similar house with the removed house. For the resettlers or the tenant that can t arrange house for himself/herself, the relocater should arrange revolving house with the similar area to the removed house, but it is unnecessary for the relocater to pay the temporary resettlement subsidies. 3. Methods for Implementing Cultivated Land Acquisition Tax of Hunan Province (Amendment) Article 2: In the case of acquisition of the following land owned by the State and the collectivity for house building or non-agricultural construction, the unit or individual that acquires land should pay cultivated land acquisition tax in accordance with this Methods. (1)The paddy field and the dry farmland for planting crops, including cultivated land, newly cultivated land, rotation land and the land that had been used for planting crops in the 3 years prior to acquisition. (2)The land that is used mainly for planting crops and accidently for planting mulberry, tea tree, fruit tree and other forest trees, and the shoaly land that is used through reclaiming around. (3)Fishpond, lotus pond, vegetable land, garden plot (including seed plot, flower plot, drug plot, tea garden, fruit garden, mulberry garden and garden for planting other economic forest trees). Article 3: The amount of cultivated land acquisition tax shall be calculated in accordance with the actual acquisition area of above land by the taxpayer and specified amount standard of acquisition tax, and shall be assessed upon in only one time. Article 4: It shall take the average occupancy per head of cultivated land as its main bases of the amount standard of cultivated land acquisition tax, and the amount standard shall be determined according to the natural conditions and the economic development of each area. With the unit of 58

68 county (including county-level city, same hereinafter), the average occupancy per head of cultivated land shall be calculated in accordance with the gross of population and cultivated land that are counted by local statistical department. The specific amount standards of acquisition tax are regulated as follows. (1)Take the county as the unit (same hereinafter). For the area where the average occupancy per head of cultivated land is under 0.5mu (including 0.5mu), the amount standard of acquisition tax is 6-10 yuan/m 2. (2) For the area where the average occupancy per head of cultivated land is mu (including 1.0 mu), the amount standard of acquisition tax is 4-8 yuan/m 2. (3) For the area where the average occupancy per head of cultivated land is over 1.0mu, the amount standard of acquisition tax is 3-7 yuan/m 2. (4) For the acquisition of special vegetable land and fishpond for house building or other non-agricultural construction, the amount standard of acquisition tax is 10 yuan/m The Notice by Hunan Provincial Commodity Price Bureau and Finance Department about Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System The degree area of Chenxi County is the third class. The detailed standards for reclamation fee of cultivated land are listed as follows. 1) Paddy field: yuan/mu; 2) Dry farmland: 6000 yuan/mu 4.2 Relevant Articles of the ADB Policy Bases (1) Involuntary Resettlement Policy of the ADB (issued in November, 1995) and Resettlement Manual of the ADB ---Feasible Practice Direction (issued in 1998) (2) Policy about national minorities of the ADB (3) Policy about poor supporting of the ADB Relevant Policies and Regulations The Resettlement Policy of the ADB includes the principles as follows. (1) Involuntary resettlement should be avoided where feasible. (2) Where population displacement is unavoidable, it should be minimized by exploring all viable project options. (3) People unavoidably displaced should be compensated and assisted, so that their economic and social future would be generally as favorable as it would have been in the absence of the project. (4) People affected should be informed fully and consulted on resettlement and compensation options. 59

69 (5) Existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible, and resettlers should be integrated economically and socially into host communities. (6) The absence of a formal legal title to land by some affected groups should not be a bar to compensation; particular attention should be paid to households headed by women and other vulnerable groups, and appropriate assistance should be provided to help them improve their status. (7) As far as possible, involuntary resettlement should be conceived and executed as a part of the project. (8) ADB policy requirements pay special emphasis on extreme poor families, women headed families, and other vulnerable social groups. These vulnerable groups should be provided special assistance so that their current status could be improved. 4.3 Compensation Standards for Project Compensation Qualification All the owners and users of the buildings and land in the area of project land acquisition demolition shall get reasonable compensation or help. Municipal Demolition office will issues Houses Demolition Proclamation and publicizes the relocaters, relocated areas and demolition time limit, etc. within 3 days after issuing Houses Demolition and Relocation License; and notifies the relative departments in written form to stop processing the following procedures within the relocated areas in relocation time limit. (1) Release the procedures of business license using demolished house as business place. (2) The procedures of trade, exchange, division, donation, transfer and mortgage, etc. of the demolished house, excepting the effective judgements and procedures executed for adjudication issued by People s Court or arbitration institutions. (3) Examination and approval procedures of new-building, expansion, rebuilding and character changing of houses or auxiliaries. In this project, the cut-off date regulated by the government is considered as the date of finally determining that it is in accordance with the compensation conditions. People affected by the project include those who will lose land and house because of the project construction. The compensation or rehabilitation will be processed according to their loss type and quantity, and whether the loss is within the final construction drawing finished within the time limit regulated by the government; or will be treated as being temporarily affected in the construction period. After the cut-off date, the cultivated land, built houses or resettlement of the affected people in the project affected area will not meet the compensation or subsidy conditions. 60

70 4.3.2 Principles of Compensation Rehabilitation 1) The RAP should be based on the social and economic survey and the statistics of the physical indices surveyed in the affected project area. It should also conform to the current national and local land acquisition laws and policies and policy of involuntary resettlement established by ADB. During the implementation of the RAP, once the detailed methods of Hunan Province regarding the Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (GF [2004] NO.28) are issued, this project should made necessary adjustment according to the requirements of the relevant policies. 2) The engineering design should be optimized in order to protect the land and minimize the impact by the land acquisition and resettlement. To minimize the number of involuntary relocatees, the project should avoid the areas with high population density and multi-storied buildings as much as possible. Better construction methods and other measures should be taken to reduce the disturbance to people. 3) All the compensations and resettlements for the involuntary relocatees should be a part of the project. In order to benefit the relocatee, sufficient funds should be available to them. 4) It should be ensured that all the affected persons loss caused by the project would be compensated before the remove. Reasonable resettlement and effective rehabilitation should be conducted and provide assistance for their temporary difficulties during transfer. 5) It should be ensure that, after the resettlement, the living conditions, productivity and income level of all affected persons could come back to or exceed the level without the project. 6) There is no deduction for depreciation or any kind of discount for house and other asset compensation, which should be based on replacement values. Compensation can be made in cash or in kinds (such as exchange of property rights). No matter by what means, the compensation should be enough to buy a house with similar structure and condition of the same size in the same area. The project sponsor has the responsibility to recommend affordable houses to the relocatees, and help them deal with the transactions (including some preferential benefits). 7) All the persons and buildings that are negatively affected by the project should be compensated. The compensation and help should not be canceled because of the incompleteness of residence register, lease and operation register. 8) No compensation or relocation could be given to the people who enters the project area and occupies any land or house beyond the deadline as stipulated. Anyone who refuses to sign the compensation for relocation contract or refuses to remove after the contract was signed will be treated according to relevant judicial programs or laws. 9) Relocatees loss will be compensated during the moving and transfer process. The recommended 61

71 host area should be provided with elementary basic infrastructure and service facilities. 10) Non-residential units loss caused by remove and suspension of business will be compensated. Reconstruction within the affected areas and relocation in outside area should conform to the planning requirements, as well as the second-remove should be avoided in the coming days. 11) Vulnerable group should be treated reasonably. The project sponsor should help them with choosing and moving their houses. 12) The owners of the infrastructure should be compensated. The compensation should be used for the reconstruction of affected infrastructure and rehabilitation of the function. 13) Land acquisitioned and the loss caused by land acquisition should be compensated reasonably. Compensation for land acquisition will be paid to the collective organization to develop the collective economy, improve the public facilities and provide rehabilitation to affected villagers. The resettlement subsidies will be paid to the resettlement sponsors or the resettled individuals to pay the insurance fee. 14) All the fees for land acquisition should be paid within three months after the compensation and resettlement program get approved. It should also be no later than the day the land is put into construction use. 15) Generally, the temporarily land acquisition should not be longer than two years. The user should restore the conditions of the occupied cultivated land within one year after its occupation. When the collective land is occupied, a temporary land acquisition contract should be signed between the temporary land occupier and the collective economic organization or the residential committee and compensation for temporary land acquisition should be paid. The temporary land acquisition compensation should cover the loss to the former owner and user of the land (including the agriculture taxes). The standard of compensation should be increased and the former user of the land should be resettled appropriately if the use purpose or property right of the land changes when it was returned. If the temporarily land acquisition exceeds two years, the acquisition procedure should be handled again. 16) In order to insure the living standards and income levels will not decrease, all the labor forces affected by the land acquisition and resettlement should be provided with employment opportunity. Rehabilitation by allocating replacement land is encouraged, supplemented by development of second and tertiary industries. The villagers can choose to find a job by oneself. If the villages want to be the urban household, the former collective economic organization should help with paying required insurances for the relocatee. 17) Encourage the relocatee to participate in the preparation of resettlement planning and the process of resettlement; let the relocatee know the compensation and resettlement policies and standards. 62

72 It should widely collect opinions of the affected persons during survey, and incorporate them in the RP report. 18) Seriously consider the complaints made by the affected person and help them with their difficulties and inconvenience in land acquisition and relocation reasonably and practically. The problems or dissatisfactions with the compensation standards should be resolved mainly through negotiation. If negotiation does not work, arbitration even a country appeal could be carried out. Any compulsive actions by the resettlement sponsor should conform to relevant laws. 19) Relative organizations should cooperate together to intensify the resettlement organizations at all levels and train all the staff that will go to their duties. 20) In the process of the project, the county PMO is responsible for monitoring the interior implement of the project, hiring an independent organization to do the exterior monitoring and submitting the monitoring report to ADB periodically. Resettlement Assessment will be carried out after the project. 21) Any important changes made in the implement of resettlement (such as decreasing the compensation standards, changing the location or scale of the land acquisition for the project, new sub-project, changing any sub-project into a domestic invested one) should be reported to ADB in advance. If necessary, the resettlement planning can be revised or other resettlement can be prepared. 22) If other non-adb project land acquisition and demolition occur ahead or simultaneously in the ADB project area, the ADB project can take the advantage of other project under the condition that all the compensation and resettlement standards accord to the resettlement planning Compensation Reference and Standard for Land Acquisition Permanent Land Acquisition of Project Collectively Owned Land 1) Compensation Standards for Cultivated Land Acquisition 1 Analysis on Output Value of Cultivated Land Price of grains and oils: The prices of main agricultural products are determined by analyzing the market price provided by Chenxi County. Output value of cultivated land per mu: According to field survey and statistic materials in Chenxi County, the crops planted on the paddy fields of the project area are mainly the double cropping rice and a small quantity of quarter semilate rice, wheat, rape, vegetable; the crops planted on the dry farmlands are mainly the corn and other grains, bean, pea, sweet potato, Irish potato, earthnut, rape, vegetable, and melon and fruit, etc. According to statistical annals, average yield per mu of 63

73 cultivated land of every village in the project area from 2001 to 2003 shall be calculated. Output value of cultivated land per mu: The output value of main product shall be calculated on basis of the price of grains and oils, yield of cultivated land per mu, as well as average sown area of various kinds of crops on the cultivated land per mu; output value of sideline product shall be determined by proportion of output value of main product according to the relevant material analysis. Through calculation, annual output value of paddy field per mu is yuan, whereas annual output value of dry farmland per mu is yuan. For details, see Table Multiple of Land Compensation and Resettlement Subsidy According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People s Republic of China, land compensation for the acquired cultivated land is set at 6 times of the average annual output value of the land per mu in the previous 3 years before land acquisition, and resettlement subsidy for each persons requiring economic rehabilitation is 4 times of the output value per mu. Taking the villagers groups affected by land acquisition and demolition in 2004 as the statistical unit, it is calculated that the per capita cultivated land owned by agricultural population in the project area is 0.43 mu, which converts into the resettlement subsidy multiple of cultivated land per mu is 9.3. The young crops of less than one year growth period is compensated according to output value of a quarter; and the cost of young crops is calculated as 40 percent of the annual output value according to farming system of the cultivated land in the project area. 3 Unit Price of Compensation According to annual output value of the cultivated land per mu in the project area as well as compensation multiple, the unit price of compensation is calculated as yuan per mu for paddy field, and 9450 yuan per mu for dry farmland. 2) Compensation Standards for Pond Acquisition According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People s Republic of China, land compensation fee for pond acquisition shall comply with compensation standards for vicinal paddy field, and resettlement subsidy shall be executed with reference to the regulations of paddy field. Through this calculation, unit price of compensation for pond per mu is yuan. 64

74 Table The Calculation Table of Output Value of Cultivated Land per mu in Urban Flood Control Project Area of Chenxi County Paddy field Dry farmland Item Early Rice Semilate Rice Late Rice Wheat Rape Vegetable C o r n Other Grain Soybean Mung Bean Broad Bean Pea Sweet Potato Irish Potato Earthnut Rape Vegetable Melon Fruit Main Product Output (kg) Unit price (yuan/kg) Output value (yuan) Sideline product output value (yuan) Output value subtotal (yuan) Crop sowing proportion (percent) Crop output value per mu (yuan) Output value per mu (yuan) Main Product Output (kg) Unit price (Yuan/kg) Output value (yuan) Sideline product output Value (yuan) Output value subtotal (yuan) Crop sowing proportion (percent) Crop output value per mu (yuan) Output value per mu (yuan) Main Product Output (kg) Unit price (yuan/kg) Output Value (yuan) Sideline product output value (yuan) Output value subtotal (yuan) Crop sowing proportion (percent) Crop output value per mu (yuan) Output value per mu (yuan) Average Output Value within Three Years (yuan)

75 3) Compensation Standards of Housing plot Acquisition According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People s Republic of China, the land compensation fee for the villagers housing plot shall comply with compensation standards for the vicinal paddy field. If the villagers housing plots need to rebuild, the resettlement subsidy shall be paid according to the classification standard for the rebuilding sites. Rebuilding sites from the villagers housing plots in this project are mainly the dry farmlands, so the land compensation fee is 5127 yuan per mu according to compensation standards for paddy field, and the resettlement subsidy is 5562 yuan per mu according to compensation standards for dry farmland. Based on this calculation, the unit price of the compensation fee for the villagers housing plots is yuan per mu. 4) Compensation Standards for Waste Land According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People s Republic of China, the land compensation fee for expropriating waste mountains, wasteland and other unused land is 20 percent of the vicinal paddy field, and its resettlement subsidy is free from payment. Other land acquisition in this project is mainly the wasteland. No resettlement subsidy is paid, and what is only taken into consideration is the compensation fee for land acquisition. The unit price is 1025 yuan per mu according to 20 percent of the land compensation fee for paddy land. For details of standards for permanent land acquisition in this project, see Table Chenxi County Compensation Standards for Permanent Land Acquisition in Urban Flood Control Project Table Unit: yuan/mu Land Ownership Land Type Land Compensation Fee Resettlement Subsidy Young Crop Compensation Fee Standard for Compensation Paddy Field Collectively Owned Land Dry Farmland Pond Housing plot Other Land Acquisition

76 Temporary Land Acquisition of the Project Compensation fee for temporary land acquisition in this project includes the cost of young crops, compensation fee for land loss and the reclamation cost. Compensation fee for land loss is mainly used for compensating total amount of output or income of landowner from the original land, whereas the reclaiming expense is mainly used for reclaiming temporary land after return. Compensation fee for land loss is determined by the annual output value and occupation time of the land, whereas the reclamation cost is determined by actual expense of reclaiming. 1) Unit Price of Temporary Land Acquisition Compensation According to materials provided by design organization, temporary construction site in this project is mainly material borrow-area and spoil area, which contains shrub land as well as a small quantity of dry farmland, with 2-year occupation time. The annual output value of dry farmland is yuan per mu, and the cost of young crops is 299 yuan according to 50 percent of the annual output value. The average annual output value of shrub land is 256 yuan per mu according to 30 percent of the vicinal paddy field, and the forest compensation fee is 370 yuan according to the annual output value of shrub land. Based on this calculation, the unit price of temporary land acquisition is, respectively, 1495 yuan for dry farmland per mu, 882 yuan for shrub land per mu. 2) The Expense of Reclaiming Temporary Land Acquisition According to Temporary Land Acquisition Rehabilitation Plan in the project, both the engineering measures and plant measures of restoring temporary site for construction are included in the soil and water conservation design. Only the reclamation of the temporarily occupied dry farmland is planned in this time, and the reclaiming area is 40 mu. Through analysis on the works quantities and the unit price of reclaiming per mu cultivated land or the borrow pit, the expense of reclaiming cultivated land is calculated as 3355 yuan per mu through calculation. For details of analysis on the unit price of reclaiming cultivated land per mu, see Table Analysis Table of the Unit Price of Reclaiming Cultivated Land per mu Table Item Unit Unit Price (Yuan) Quantity Investment (Yuan) Remarks Total Earth work Clay cover m Arable layer backfill m Arable layer leveling m Laying field ridge m Soil maturizaition Farm fertilizer Dan

77 Analysis Table of the Unit Price of Reclaiming Cultivated Land per mu Table Item Unit Unit Price (Yuan) Quantity Investment (Yuan) Remarks 2.2 Phosphorus fertilizer Kg Carbamide Kg Potash fertilizer Kg Field matching facilities Mu For details of standard for temporary land acquisition in this project, see Table Chenxi County Compensation Standards for Temporary Land Acquisition in Urban Flood Control Project Table No. Land Type Dry 1 Farmland Shrub 2 Land Average Annual Land Loss Expense (yuan/m) Young Crop Total Reclamation Cost Output Value Acquisition Acquisition Cost (yuan (yuan / (yuan / mu) (yuan/m) time (year) time (year) /m) mu) The Demolition Compensation Reference and Standards for Residential House and Auxiliaries 1) Residential House The dwellers residential houses in the project area are mostly brick concrete, brick wood and wood structure. In order to constitute reasonably compensation standards to make relocated household acquire the compensation equal to the replacement value, investigation and analysis on the replacement value of brick concrete buildings and brick wood houses in the area affected by the project are carried out in details along with investigation on physical indices. The consumption volume of materials for building house is determined by the relevant quota from Quota Manual of Architecture and Construction. Based on budgetary price of building materials in the third quarter of 2004 in Chenxi County, the price of materials is determined through analysis: the replacement value of rural residential brick concrete house is yuan per square meter and the unit price of compensation is 327 yuan per square meter; the replacement value of brick wood house is yuan per square meter and the unit price of compensation is 245 yuan per square meter; the replacement value of wood house is yuan per square meter, and the unit price of compensation is 195 yuan per square meter. In view of the different rate of decoration and building materials of residential houses in the project area, compensation standards for residential houses with various types of structures in this project can fluctuate within the range of ten percent or so. For details, see Table For details of the replacement value of residential houses with various types of structures, see Table 4.3-6~

78 Chenxi County Compensation Standards for the Demolition House in Urban Flood Control Project Table Housing Type Structure Unit Standard Remarks Brick Concrete Yuan/m Fluctuant Amplitude 295~360 Rural House Brick Wood Yuan/m Fluctuant Amplitude 220~270 Wood structure Yuan/m Fluctuant Amplitude 175~215 Simple structure Yuan/m ) Auxiliary Facilities Compensation for auxiliary facilities in this project is determined with reference to the similar project of this province and the unit price of current building materials in Chenxi County. For details, see Table

79 The Analysis and Calculation Table of Replacement Value of Structure Classification Unit Area of Rural Residential House Table Item Unit Unit Price (Yuan) Brick Concrete Brick wood Wood structure Quantity Amount (yuan) Quantity Amount (yuan) Quantity Amount (yuan) Remarks 1. Direct Cost ) Basic Direct Cost Cost of Materials Rolled Steels Kg Small Grey Tile Piece Cement Kg Timber m Cast Iron Pipe Kg Felt m Asphalt kg Glass m Brick piece Lime kg Sand m Macadam m Nail kg Other Materials 6.00% Labor Cost Work day ) Other Direct Cost 2.00% percent of Basic Direct Cost 2. Tax 3.41% 3.41 percent of Item New Cost m Round-off Value Yuan

80 Compensation Standards for Auxiliary Facilities of Residential Houses in Urban Flood Control Project of Chenxi County Table No. Item Unit Standard Remarks 1 Wall Yuan/m Cement sunny ground Yuan/m Cement pond Yuan/m Phone reassembling Yuan/piece CATV reassembling Yuan/household 150 3) Compensation for infrastructure Compensation for infrastructure mainly includes investment in resettlement housing plot including leveling and facilities construction investment such as water supply, electricity, and road access. According to resettlement plan, rural demolition households will be mainly resettled dispersedly within their own village groups with better conditions of landform, road access, electricity, and water supply, etc. The urban dwellers will be resettled in one location at Tongbao Development Zone. The current infrastructures in the resettlement site are well-developed. For all the relocaters in the new resettlement site, they can use existing water supply, power network, road access and other infrastructure. According to landform of resettlement site in this project area and with reference to other provincial similar projects, the project compensation fee for infrastructure such as site leveling, drinking facilities and lighting facilities is set at 1500 yuan per person. 4) Moving and Transfer Allowance For the relocaters affected by land acquisition demolition, although most of them will be relocated not far away, all in the local region, due to inconvenience of and relative tight schedule for rebuilding new houses, moving and transfer allowance will include moving expense, living allowance, temporary housing allowance, second moving, and so on. The transfer period is set at three months. 1 Moving expense includes cost of vehicles, material transport cost, and material damage expense. Compensation fee is set at 100 yuan per person; 2 Living allowance includes meal and lodging expenses, medical expense, and loss working time for moving. Compensation fee is set at 100 yuan per person; 3 Temporary housing allowance refers to relocaters temporary housing expenses before their new houses are completed. A large majority of the relocaters belong to non-rural population. Their temporary residential houses are rented, and temporary housing allowance is set at 300 yuan per person; 71

81 4 Second moving cost mainly refers to the cost of moving from temporary residential houses to replacement new houses, which is set at 100 yuan per person Compensation Reference and Standards for Affected Individuals Engaged in Small-scale Business According to investigation, 2 booths needed to be relocated are used both for private inhabitation and business operation, mainly handling articles of everyday use. According to the relevant regulations from Huaihua City Compensation and Resettlement Methods of Land Acquisition Demolition, demolition of houses both used for private inhabitation and business operation shall be resettled as urban residential houses. While the compensation for houses are included in compensation fee for non-residential house relocation, the moving cost should include cost of close down business and comprehensive freight during the course of transportation. The statistical work of operating income of individuals engaged in small-scale business is hard to conduct accurately, so with reference to the relevant regulations, the loss expense of shutdown of individual shops during the demolition in this project is calculated according to the area of business spaces. Compensation fee is set at 15 yuan per square meter month, and shutdown time shall be not more than three months in principle. The comprehensive freight and miscellaneous charges are 200 yuan for each unit with reference to other projects of Chenxi County Reference and Standard for Special Facilities Affected by the Project 1) Transportation Facilities Calculation of compensation investment for transportation facilities rehabilitating and rebuilding in the project area shall be executed according to the following stipulations: JGLF Document No. [1996] 612 Highway Basic Construction Project Budgetary Estimate and Budget Compiling Method issued by Ministry of Communications; XJZZ Document No. [1996] 533 Notice on Compensatory Regulation of Formulating Highway Basic Construction Project Valuation, Budgetary Estimate and Budget Compiling Method issued by Department of Communications of Hunan Province; JGLF Document No. [1996]612 Highway Project Budgetary Estimate Quota and Basic Price Table of Highway Project Budgetary Estimate Quota issued by Ministry of Communications; According to the analysis and calculation and with the reference with the compensatory standard of other projects, unit price of post facility rebuilding compensatory of the project is determined as follows: 40yuan/ m 2 for tractor road (concrete pavement), and 20000yuan/set for tractor bridge. 72

82 4.4 Table of Entitlement Matrix According to the on-spot investigation conducted by County PMO and resettlement design unit, the main impacts of land acquisition and demolition have been confirmed on the basis of natural loss, and entitlement matrix table can be used as the basis of payment for the compensation. For details, see Table

83 Table Affected Affected Type Object Rural residential house and accessorial building Urban residential house and accessorial building Relocatee Relocatee Responsible Agency County PMO and County Land & Resources Bureau County PMO and County Land & Resources Bureau Table of Entitlement Matrix in Urban Flood Control Project of Chenxi County Policy of Land Acquisition and Resettlement 1.The compensation for all the houses shall be obtained according to replacement value without deduction of depreciation. Available materials belong to the relocaters, and they also can use them to build new house. 2. Resettlement institution shall help the rural relocaters to get the new housing plot in his own group, each person shall get 1500 yuan for resettlement site leveling, drinking and lighting facilities. 3.The resettlement plan respects the idea of majority of relocatees. Self-dismantling and self-building mode shall be adopted and the relocatees can build their house scatterly in rural dispersedly, and the relocatees can consider freely whether to use the available materials of old houses fully. Before the completion of new house, the relocatees can live in their original houses and they shall not be forced to move before the stipulated date. 4. Relocatee shall get the notice three months before the construction of new houses, and they shall have at least two to three months to build the house. Discuss the arrangement of house building time fully with the relocatee in village and town, and it is better to arrange it in slack season. Moving and transfer allowance will be considered including moving cost, living allowance, temporary house transfer and second moving charge. And the transfer period is set at three months. 5. Effective measures shall be employed by the resettlement institution during the course of implementation to help the vulnerable (the old, the handicapped, the weak and woman-headed households): The rebuilding subsidy for especially poor family is 3000 yuan per household, and living allowance for the vulnerable family 600 yuan per person. And the Township (Town) Committee and Village Committee shall assist them to build the house and help them move into the new house by consulting them. 6. Compensation fee for houses shall be paid to the resettler before the construction of new house. If the installment plan is adopted, the final cost shall be paid to them before the completion of new house. 7. The resettler can lodge appeal for any aspect of the resettlement, including the compensation standard. No expense is paid to the organ dealing with resettlers appealing. 1. The resettlement plan respects the ideas of the large majority of resettlers.cash compensation and property-right-exchange mode shall be adopted to the urban dwellers affected by the project. 2. For the urban residential houses that are compensated according to the mode of cash resettlement in principle, the section of land is compensated according to the evaluated land price on the market, and compensation standard for the section of construction complies with the replacement value. 3. For the construction area of property-right-exchange compensation equal to original construction area of relocated houses, its relevant account will not be settled as price difference; for the compensation area less than the original construction area, its account will be settled as the price of commercial housing; for the compensation area more than the space within the range of 15% of the original area, the account will be settled as replacement value; for the compensation area more than the space beyond the range of 15% of the original area, the account will be settled as commercial housing. 4. The compensation for all the houses shall be paid as the replacement value without deduction of depreciation. Available materials belong to the resettlers, and they also can use them to build new house. 5. In the process of implementation the effective measures are adopted by resettlement organ at all levels to help the vulnerable (the old, the handicapped, the weak, and woman-headed family: the subsidy of building new houses for specially poor family is 3000 yuan per household, the living allowance for the vulnerable family is 600 yuan per person. And sub-district and residence committee will help the resettlers to re-build and move to new houses under the circumstances of holding counsel with them 6. Compensation fee for houses will be paid to the resettlers before their purchasing new houses. Before their purchase, the resettlers may live in their original houses and they will not be forced to move before the stipulated date. 7. The resettler can lodge appeal for any aspect of the resettlement, including the compensation standard. No expense is paid to the organ dealing with resettlers appealing. Involved in this Compensation Standard (unit: yuan/mu) project or not Compensation Item Standard (fluctuant amplitude) Yes Compensation for residential house Brick concrete 327 yuan/m 2 (195~360) Yes Brick wood structure 245 yuan/m 2 (220~270) Simple structure 50 yuan/m 2 Yes Rural residential house Brick wood structure 327 yuan/m 2 (195~360) Brick wood structure 245 yuan/m 2 (220~270) Yes Wood structure 195 yuan/m 2 (175~215) Simple structure 50 yuan/m 2 Accessories facilities Wall 15 yuan/m 2 Yes Cement pond 80 yuan/m 3 Cement sunny ground 12 yuan/m 2 Yes Yes No No No No No No No Telephone resembling 200 yuan/set CATV resembling 150 yuan/household Compensation for infrastructure Site leveling, drinking and lighting facilities 1500 yuan/person Demolition subsidy Moving and transfer allowance 100 yuan/person Living allowance 100 yuan/person Temporary house allowance 300 yuan/person Second moving charge 100 yuan/person 74

84 Table Affected Affected Type Object Non-residential house and accessorial facilities Scattered trees Permanent land acquisition Enterprises and institution Individuals engaged in small-scale business Owner of title State owned land Responsible Agency County PMO and County Land & Resources Bureau County PMO and County Land & Resources Bureau County PMO and County Land & Resources Bureau County PMO and County Land & Resources Bureau Table of Entitlement Matrix in Urban Flood Control Project of Chenxi County Policy of Land Acquisition and Resettlement 1. All enterprises and institutions affected by the project are planned to be relocated and rebuilt by the relevant units themselves, and the PMO shall discuss with the relevant units about the compensation standard as well as relocating and rebuilding time. All the costs needed for the construction shall be listed into the general budgetary estimate of the project, and be paid by the PMO 4 months before the commencement of corresponding project. 2. The compensation for all the non-residential houses shall be paid according to cash resettlement. Among them, the section of the land is paid according to the evaluated price on the market, and listed into the compensation fee for industrial land. The compensation standard for section of construction is paid with reference to replacement value of urban residential houses without deduction of depreciation. 3. Demolition subsidy of enterprises and institutions is calculated as 25 yuan/m2 according to non-residents house area needed to be demolished. For the compensation for the production equipment, the cost for dismounting, installation and adjustment is calculated according to 10% of the replacement value of these equipment. 4. For the enterprise or institutions affected during the demolishment, the compensation for their loss of business suspension (including the compensation for the loss of staff s salary) should be paid according to the actual influence. In principle, the business suspension days are limited within 6 months. The labor force arrangement cost occurred during the resettlement will be paid by the project executive agency using the contingency. 1.The compensation of all the houses used for business operation shall be obtained according to replacement value without deduction of depreciation. The materials available from old houses belong to the proprietors, and they can also use them to build new houses. 2. The resettlement office will assist the proprietors to identify the housing plot or property right exchange, it shall be set up at the cross or two sides of the road where the stream of people is dense. 3.For the affected individuals engaged in small-scale business dealing with business operations under lease, they can independently choose the site for restarting business operation according to their own goods and features of their service. And project executive organ will provide new information on commercial booths to the proprietor. 4. The loss compensation for stopping production and working in removing period shall be paid to the individuals engaged in small-scale business, the loss expense of shutdown is calculated according to the area of business spaces. The compensation standard is set at 15yuan/m 2 month, and the shutdown time shall be not more than 3 months in principle. 5. The individuals engaged in small-scale business shall get the notice three months before their building new houses, and they shall have at least four months to build the house. 6.The proprietor can appeal against any aspect in the implementation of resettlement, including the compensation standard. No expense is paid to the organ dealing with resettlers appealing. Compensation fee or replanting expenses for the scattered trees needed to be chopped off shall be paid in the project. No 1. The paid transfers of land ownership are adopted to industrial land in the project area. And the unit price for compensation standard is set according the detailed methods of the similar project in Chenxi County. 2. For the urban residential land acquisition in project area that will be compensated according to the mode of cash resettlement, the section of land is compensated the evaluated price on the market. 3. In the project, for the land acquisition of other stated-owned land such as urban unused land or flood land, the volunteer transfer is adopted to obtaining owner ship of state-owned land. Involved in this Compensation Standard (unit: yuan/mu) project or not Compensation Item Standard (fluctuant amplitude) No No No No Yes Yes No Yes Yes Yes No No Yes The unit price of compensation for houses with different types of structures shall be calculated according to urban residential house and its accessorial facilities. Brick wood 245 yuan/m 2 (220~270) Simple structures 50 yuan/m 2 Loss expense of Shutdown 15yuan/m 2 month Comprehensive freight and miscellaneous charges 200 yuan/household 75

85 Table Affected Affected Type Object Permanent land acquisition Temporary land acquisition Special facility Collectively owned land Contractor Owner of title Responsible Agency County PMO and County Land & Resources Bureau County PMO and County Land & Resources Bureau and Contractor County PMO and County Land & Resources Bureau Table of Entitlement Matrix in Urban Flood Control Project of Chenxi County Policy of Land Acquisition and Resettlement 1.For the project construction land acquisition, the village shall obtain the land compensation cost and resettlement subsidy paid by the land acquisition unit; and relocater will obtain young crop cost and ground adhesion matter compensation cost an so on; What s more, If the land adjustment or the land reclamation is carried out inside the villager s group to make the affected farmers by land acquisition obtain land or other means of production, the following measures should be adopted: the land adjustment by use of the collectively-owned land, the land compensation fee and the resettlement subsidies should be controlled for utilization by the villager s group collective; for the farmers not affected by the land acquisition but involved in the land adjustment, the resettlement subsidies should be directly paid to them. On the contrary, if there is no possibility to carry out land adjustment or land tidying or development, and the relocater has not got any production materials, the village group shall pay the resettlement subsidy to them, and the compensation cost shall be managed and used by the village group. 2.Land acquisition compensation cost and resettlement subsidy shall be used in the livelihood rehabilitation of relocater in the project construction, such as construction of farmland water conservancy facility, rebuilding of rural infrastructure and adjustment of agriculture structure and so on. 3. Compensation standard for cultivated land acquisition is calculated according to the average output value per mu of three years before the land acquisition. Compensation of cultivated land acquisition and multiple of resettlement subsidy shall be in accordance with the amount of cultivated land per person before the land acquisition in project area, and shall be determined according to Land Administration Law of the PRC and Methods of Hunan Province for Implementing the Land Administration Law of PRC. Requisition of garden plot, villagers housing plot and other unused land shall be compensated properly with reference to the regulations of cultivated land acquisition. 4. Pay the land compensation fee to the village collective unit or land contractor before the land acquisition. 5. Land redistribution shall be conducted in slack season, and all the farmers lost the land because of the project shall obtain the new land again. 6. The exotic workers who rent cultivated land in the project area will obtain the young crops compensation for land acquisition. During the implementation of the resettlement in the project, if the exotic workers are willing to stay at this locality for earning a living, the project executive agency should help them rent the near land for cultivation. 1. The compensation fee for temporary land includes cost of young crops, compensation fee for land loss and reclamation cost. Cut-off date for the temporary land is set at two years. If the temporarily land acquisition exceeds two years, the acquisition procedure should be handled again. 2. The compensation fee for land loss is mainly used for compensating the total amount of output or income from the original land of the landowner. And the land loss compensation cost shall be determined according to the annual output value and occupation time: 1196 yuan for dry farmland per mu, and 512 yuan for shrub land per mu; young crop costs are as follows: 299 yuan for dry farmland per mu, and 370 yuan for shrub land per mu. 3. After the construction, the land occupied shall be rehabilitated and returned to the affected village. The temporarily occupied dry farmland shall be cultivated again and the reclamation cost is set at 3355 yuan/mu. All the special facilities affected by the project shall be rehabilitated and rebuilt according to the actual conditions affected by the project, original standard, scale and function. The PMO shall plan the investment according to the rehabilitation plan, and supply proper compensatory funds for the each department in charge of special facility to organize the implementation. Involved in this Compensation Standard (unit: yuan/mu) project or not Compensation Item Standard (fluctuant amplitude) Yes Paddy field yuan/mu Dry farmland 9450 yuan/mu Pond yuan/mu Villagers housing plot yuan/mu Yes Yes Yes Yes No Yes Yes Yes Yes Unused land 1025 yuan/mu Dry farmland 4850 Shrub land 882 Wasteland No compensation Tractor road 40 yuan/m 2 Minor bridge yuan/seat 76

86 5. Resettlement and Rehabilitation Measures 5.1 Rehabilitation Objective Make proper compensation and appropriate resettlement to project-affected area in order to insure the productivity, income level and living conditions of the affected people could be restored to or improved. 5.2 Resettlement Population Calculation According to the investigation, 55 households with 183 people are affected by the project land acquisition, of which 4 households with 16 people should be resettled by means of building new houses, and 121 agriculture populations should be provided economic rehabilitation. According to the time schedule of the project construction, the resettlement implementation will commence in the year of 2005, which is close to the investigation baseline year, so the resettlement plan is prepared based on the population to be relocated as actually investigated, not taking the nature increase of population into account Economic Rehabilitation Population The project is in the linear distribution along the Yuanjiang River and Shuangxi River; most of the affected people only lose a partial land in land acquisition. According to the on-spot investigation, the permanent land acquisition will affect 9 groups of 3 villages in Chengjiao Township, in which 121 persons of 32 households will be affected, the area of permanent acquisition cultivated lands is mu, and the lost cultivated land per capita is 0.37 mu. The production rehabilitation population means the agricultural population who loses the major means of production and working object (cultivated land) and needs to be arranged with production resettlement (the theoretical calculation data). Its calculation is based on the indices of occupied cultivated land due to project, taking villager s group as the unit, the amount of production rehabilitation population in term of groups is made out according to the formula: the area of acquisition cultivated land in every group is divided by the area of existing per capita cultivated land. The calculation formula is as follow: K= K, S / S ' Where: K stands for the existing economic rehabilitation population in every villager s group. S stands for the area of occupied cultivated land due to the project in every villager s group; S stands for the existing cultivated land in every villager s group; K stands for the existing agricultural population in every villager s group. According to the above formula, in the project affected range, 121 agricultural people need economic rehabilitation. The calculations of production rehabilitation population of every villager s group in the project affected area will be shown in details in table

87 Table Population Statistics of Economic Rehabilitation Basic Situation Average Occupied cultivated Village County Town Cultivated land (mu) cultivated land (mu) (Residential Group Agricultural (District) (township) land Committee) Population Amount Paddy Dry (mu/person) Paddy Dryfarm Amount land farmland land land Proportion Population Average of of economic surplus field occupation rehabilitation (mu/person) (%) (person) Chenxi Chengjiao Dongxing Paotai Zheping Resettlement Population of House Demolition and Relocation According to the on-spot investigation, the housing demolition is mainly located in 1 village (residential committee) of Chengjiao Township. 6 householders with 26 persons will be relocated in this project (4 households with 16 persons need house building rehabilitation), and the area of demolition houses are m2. More details will be shown in Population Accounting Table for Demolition Resettlement in Project area, Table Table Statistics of Demolition Relocation in the Flood Control Project, Chenxi County Administrative Area Chenxi County Township Demolish Population Need Household Own Village Simple Resettlement To Be Other Structure Affected Houses Household Population Only Chengjiao Township Zheping Village

88 5.2.3 Affected Population Due to Temporary Land Acquisition The area of temporary acquisition lands in this project total 132 mu, which include dry farmlands of 40 mu, shrubberies of 66 mu wastelands of 26 mu, and actually affect 20 householders with 42 persons in 3 administrative villages and 3 villager s groups. During the period of temporary land occupancy, the affected villagers will get the compensation by years. After this period, the structural measures of affected land recovery, planting measures and the temporary stockpile yard for the cultivated soil will be listed into the water & soil conservation design; the reclamation of the temporary acquisitioned land will also be listed into the RP, and the temporary acquisitioned land will be reclaimed and leveled by using the reclaimed cost, then returned to the affected farmers. So the economic rehabilitation isn t needed for the temporary land acquisition. 5.3 General Scheme of Rehabilitation The construction of Chenxi County Urban Flood Control Project (Hunan Province) only affect few houses and land in the villages (Residential Committees) along the flood-control dike and has no serious negative effect on the productivity and living conditions in most of the affected villages (Residential Committees). The opinions of relocatees will be gathered widely by means of participatory planning in the affected township (Sub-districts) and villages. According to the opinions and suggestions held by the relocatees and the situations in the affected areas, the general scheme of restoration was established as follows, 1) In order to maintain the current life style and social relationship, restore and improve their productivity and income level as well as to increase their enthusiasm and adaptabilities, affected rural residents (agriculture population) are settled by means of moving-back and resettling within their own villages locally. 2) In view of the production, after obtaining the compensation for young crops and ground attachments, the affected farmers will be resettled within their villager s groups. Developing the agricultural production will be the main body of the economic rehabilitation, and the main method is the partial cultivated land adjustment in the original group with assistant developing measures of hydro-facilities improving, agricultural crop structure adjustment, low-yield farmland improving and changing the dry farmland to paddy field etc., so as to dig out potential of the existing land and ensure the food production capacity of the resettlement people. Of which, for the land adjustment with the collectively-owned land, the land compensation fee and the resettlement subsidies should be controlled and put into utilization by the villager s group collective; for the farmers not involved in the land acquisition but included in the range of land adjustment, the resettlement subsidies should be directly paid to them. At the same time, by 79

89 combining the resource situation in project affected area, direct cash compensation will be conducted in some villager s groups. The land compensation fee should be controlled and put into utilization by the villager s group collective, and the resettlement subsidies should be directly paid to the farmers affected by the land acquisition. The affected farmers will be engaged in other agricultural activities by use of this compensation (such as adjustment of agricultural planting structure, development of green house vegetable ), or some non-agricultural activities (such as animal breeding), so their production and living standards will be soon rehabilitated. 5.4 Environmental Capacity Analysis The environmental capacity of resettlement area refers to the number of relocatees that an area can support and absorb with normal economic and ecological sustainability on the base of beneficial cycle in natural environment, and keeping certain living and environment conditions. The scope of this investigation on resettlement s environmental capacity is based on the rehabilitation scheme that is proposed in Resettlement Plan. As majority of the farmland in project areas have been in possession of others, the agricultural populations who finally need rehabilitation by land have to share original land resources with residents in the host areas, and are guaranteed to get mutual benefit with local residents. To achieve this objective, a series of measures should be taken to increase agricultural income, such as increasing investment on agriculture, improving fertility of field, change variety of crops, transforming low-yield fields and changing dry farm lands into paddy fields. The analysis on change of land holding among affected the villages and groups (Table 5.3.1) indicates: the land area of the 3 affected villages will be reduced from 0.43 mu/ person to 0.39 mu after land acquisition, with average reduction of 0.04 mu/person decreased, accounting for 9.5%. Among the 9 groups of 3 villages affected by land acquisition, those with average farmland over 0.5 mu /person are the 4 th and 7 th groups of Zheping Village. Among them, the 7 th group has most remaining farmland, averaging 0.78mu/person. Among these affected groups with more than 0.5 mu per person, a large number of farmlands are in low yield because of low investment, lack of management, poor soil fertility, simple crop, and incomplete irrigation facilities. Therefore by fully utilizing potential of existing farmland, it is feasible to improve the level of production and the unit yield and achieve the objective of rehabilitation. The proposed measures could include increasing investment on low yield filed, improving soil fertility, introducing high yield crops, improving cultivation system, building irrigation facilities, and reinforcing field management and other reformative measures, so that some dry land could be converted into irrigated land, and more yield 80

90 could be achieved for most remaining land. However there are 7 groups among 9 affected groups (in 3 affected villages) with their average farmland below 0.5 mu per person after land acquisition. Among them, 5 th group of Paotai Village has the largest reduction with 22.1% of loss, with the land holding being 0.28 mu/person; while the 1 st group of Dongxing Residential Committee has lowest per capita land holding after land acquisition, or 0.16 mu/person, with reduction being 18.1%. The average land holding among these village groups after land acquisition are all below 0.5 mu /person, with relatively small percent of reductions. The main reason for such situation is that in recent years most of farmland among these villages had been acquired along with the rapid development and expansion of Chenxi County in terms of their locations in the scope of municipal planning of Chenxi County. Since for those agricultural populations who need rehabilitation by farmland, they have to share limited land resources with residents in the affected villages, the limited land holding makes it hard to guarantee mutual benefit for both relocatees and local residents. Concerning this, other related measures should be carried out to provide economic rehabilitation for those village groups with per capita farmland below 0.5 mu/person after land acquisition, which include providing cash compensation to the affected persons for other economic activities development (such as production structure adjustment, green house vegetables development) or non-agricultural economic activities development (such as animal husbandry development), so as to increase their income, as well as improve their poverty situation. 5.5 Resettlement Plan Rehabilitation Plan for Livelihood Rehabilitati Choice of Rehabilitation Method In December 2004, the resettlement team carried out the on site investigation, optimization and demonstration with the help of City PMO and local governments. According to the practical situation and the opinions of the relocatees, Move-back and scattered resettlement locally will be adopted for their livelihood resettlement. A contract should be signed between the relocatee and the project executing agency or the land acquisition implementation agency, and the contract should include the compensation methods, the sum of the compensation fee, area and site of relocation houses, time limit of relocation, the transfer methods and the time limit of transfer etc. The relocatee has the right to choose resettlement method and resettlement locations upon their willingness Principle and Procedure of Selecting Resettlement Sites 1) Principles The aim of rehabilitation of housing condition is to provide the relocated households with safe, 81

91 convenient and graceful living environment. 1The new residential areas should have good terrain and geological conditions and reliable drinking water source. 2The location of new residential areas should be compatible with the economic rehabilitation plan. 3 The location of new residential areas should be convenient for production, living and management. 4Save land, especially the cultivated land, as much as possible. 5Take the future population increase into account and leave rooms for further development. 6The design of houses should meet the requirements of the relocatees and their financial abilities. 2) Procedures Based on the above principles, after on-site investigation and analyzing the terrain, geological, traffic, power and water source conditions, the location of new residential area is selected after negotiation with representative of relocatee and local government, taking the relocatees living and production conditions into account Planning of Demolition and Housing In the area of Chenxi County, this project only affects 26 people of six households (all of them are agricultural population) in Zheping Village, Chengjiao Township and m 2 residential houses to be demolished. Among these six households, there are two households with only simple structure demolished, which will be affected a little on their normal life.and for these relocatees, the project office will give them cash compensation on demolished house according to compensation standards, and no longer take livelihood rehabilitation into consideration. And the rest 16 people of four households, affected by project construction, need resettlement by house construction. Details of effects on relocatees are shown in Table Administrative Area Chenxi County Township Table Statistics of Relocation and Demolition in the Flood Control Project, Chenxi County Village Household To Be Affected Demolish Simple Structure Only Population Need Own Resettlement Other Houses Household Population Chengjiao Township Zheping Village All the 4 households (16 persons) affected by the project are in village, and their residential locations 82

92 are relatively dispersive. In order to minimize the negative impact to the relocatees, the resettlement working group has held meetings in each of the involved township and village respectively and discussed the resettlement methods with cadres and relocatee representatives. According to the relocatees wished and the practical situations, it was determined that 4 households with 16 people will be moved-back and scattered resettled locally in the village which they formerly belong to. According to the principle of unified planning, unified land acquisition and separate construction, they will be compensated with fees that is enough to build a house similar to the existing one and they are responsible to build their new house on the land arranged by the village. The land area used for rebuilding the house is within the range from 120 m 2 to 150 m 2 according to the regulations and standards about residential land use in the existing national Land Administration Law, The Implementation Methods for Land Administration of Hunan Province and Compensation Methods for Land Acquisition and Demolition in Huaihua City. For the different impact by the project construction and the different resource structure and infrastructure in each village, thus, according to the villagers opinion, the practical situations and the principle of Convenient for production and living, each village should provide 2 resettlement locations in which 2 households can be resettled and necessary assistance for them during their relocation and new house building. According to the standard of using the land, the standard of resettlement compensation and local custom, this project designed two types of house for the relocatees as examples. To rebuild their houses, the relocatees can choose one type of the house example or design their house by themselves according to their wishes and economic situations. The details of house examples are shown in Figure Infrastructure and Public Facilities There is no special planning since the resettlement by means of move-back and scattered resettle locally can rely on existing infrastructures and social service systems. According to the local economic situation and the principle of Convenient for production and easy to live, the local government can reasonably improve the facilities in the resettlement location by collecting or increasing the investment, making overall arrangement and constructing at the same time, after the affected infrastructures and public facilities are compensated according to the standards made out after typical analysis and rebuilt according to the principle of restore the existing scales, standards and functions Assist in Resettlement Process The land acquisition and resettlement sponsor is responsible for assisting relocation unit at every aspect during the whole process of the resettlement: 1) Understand and try to satisfy the relocated households needs before the resettlement. 83

93 2) Help the relocated households dealing with their troubles such as arranging the vehicles and assisting the relocation during the process of resettlement. 3) Try to realize the relocated households comfort and discomfort and try to solve their difficulties in time after the resettlement Economic Rehabilitation Planning for Resettlers Economic Rehabilitation Objective for Resettlers Reconstruction of production and restoring of relocatees living standards are the main standard for judging whether rehabilitation plan is feasible or not. In the view of agricultural incomes, there exists unbalanced phenomenon among different regions, in order to maintain the current living level of relocatees after resettlement, it should make it as the objective of resettlement that restoring and exceeding the current net incomes per capita. In Dec. 2004, under the cooperation of the County PMO and different levels of governments, resettlement task team carried out an a detailed impact survey and social economic survey among affected people, including their incomes and expenditures with detailed registration. According to the analysis of the incomes and expenditures of agricultural households, in 2003 the net income per capita among affected people was RMB 1369 yuan. Based on annual average increase of 3.9% in the past (2001~2003), and based on that fact that the resettlement plan will be implemented in 2005, the target income for the affected people will be set at RMB 1478 yuan per capita. In order to ensure the resettlers reach or exceed the original living standard, the net income per capita has an objective value of reaching or exceeding RMB 1478 yuan Economic Rehabilitation Standard According to the agricultural means of production status and local agricultural production level in project area, the input and output level analysis has been conducted for the economic rehabilitation project for resettlers in project area. The economic rehabilitation standard determined unitedly is: the cultivated land adjustment in the group will be determined according to the remaining cultivated land per capita in the group after land acquisition; The cultivated land adjustment out of the group and in the village will be determined according to the current level of cultivated land per capita. The development of vegetable greenhouse will be determined according to the standard of 1 greenhouse per person (viz.0.25mu/person); the development of animal husbandry will be determined according to the loss of affected person s land Economic Rehabilitation Planning for Resettler In December of 2004, the resettlement design unit and the County PMO, together with the relevant department, conducted the on-spot survey on the project-affected land, water surface, and other natural resources. In the course of resettlement planning and project impact investigation, the 84

94 consultation meeting with the project affected township (sub-district), village cadre, and some resettler representatives have been held, and the economic rehabilitation schemes for resettlers was discussed. Through the analysis on the geographic position, land resources ownership, income structure of local residents, and based on the extensive consultation with the resettlers, the overall economic rehabilitation scheme was developed as follows: in-group adjust cultivated land of 5.43 mu, and resettle 8 persons; develop the greenhouse vegetable for mu, and resettle 81 persons; develop the animal husbandry of pigs and chicken for resettling 32 persons. See Table for details of resettlement economic rehabilitation in groups. 85

95 Table Subproject Area Township (Town) Planning of Resettlement Economic Rehabilitation in Chenxi County Total Economic Village GroupResettlement Population Area (Person) (mu) Agricultural resettlement Adjustment inside the group Resettlement population (person) Area (mu) Green house vegetable Resettlement population (person) Animal Husbandry Project Resettlement population (person) Chenxi Chengjiao Dongxing Pig breeding Duck breeding 14 Paotai Zheping ) Adjust Cultivated Land in Groups According to survey, 2 villager s groups affected by project in project area would like to choose the economic rehabilitation mode of re-reallocating the cultivated land in the group. The land resources in these villages and groups are usually abundant. The cultivated land per capita after land acquisition is between 0.5 mu per capita ~ 0.8 mu per capita. The affected villagers are accustomed to make a living on the farmland, and lack other skills for making a living; they would like to keep their traditional production mode and means of living. In the overall project planning, there are 5.43 mu cultivated land will be adjusted within the villager s group for 8 resettlers. After adjustment of cultivated land, the cultivated land per capita in this group will be less. In order to keep relocatees living standards developing as other villagers, it is necessary to develop fully the latent capacity of the remaining cultivated land, to insist on the principle that is called that exchanging quality for quantity, and to enhance the yield and output value of the remaining cultivated land. Due to the main location of the current project area at the both sides of river and the frequent flood attack as well as the relatively low actual output, the standard for flood control will be promoted after project implementation, and in this project, together with the implementation of agricultural structure adjustment item, some agricultural technicians shall be hired to strengthen 86

96 the agricultural technique training of rural relocatees and to guide them to fulfil the measures of improving low yield land, changing dry farmland into paddy field, rightly to enhance the elemental area output value and the cultivated land capacity, so as to fully and well rehabilitate the relocatees in this village with cultivated land adjustment in this villager s group. 2) Development of Green House Vegetable In the project-affected scope, there are 5 villager s groups in Paotai Village and Zheping Village with less cultivated land acquisition and without families that will lose all the lands. According to the selection of most relocatees, in these groups the affected families shall be rehabilitated with cash compensation but not cultivated land adjustment. The affected families will use the compensation fee to develop green house vegetable, which can meet the urban residents requirement of Chenxi County and also well solve the relocatee s production to increase their income. In the general project planning, there are mu land for developing the counter season and nuisance free green house vegetables, and 81 relocatees will be resettled. 3) Development of Animal Husbandry According to the investigation, animal husbandry activity is one of the pillar industries in the local rural areas, and the villagers are with strong enthusiasm and extensive experience, which include pig farm, chicken farm, and duck farm, etc., and the sales conditions are superior. Considering the higher sale price of poultry meat and wide feed resource in the project region, the resettlers agree to develop animal husbandry activities with current tendency. For 2 villager s groups of Dongxing Residential Committee in the project area, the area of acquisitioned and occupied land is not very big, so no one villager will lose his/her land totally and there is no severe effect on them. According to the selections of most resettlers in these villages and groups, the land resettlement fee will be paid directly to the individuals whose land is acquired, and there is no land adjustment. As most affected population own abundant rest cultivated land, they plan to develop the animal husbandry with these compensation fees. For the whole project, it plans to establish 2 small-size cultivation farms in 2 villager s groups, and 32 resettlers will be resettled. The pig raising and chicken breeding industries will be the main parts of the animal husbandry, and the EA will invite some experts to conduct trainings on the animal husbandry, so as to guide the scientific breeding and selection of salable varieties. As the resettlement scheme of the project area is determined in terms of the opinions of most resettlers, maybe individual resettlers will disagree with the resettlement scheme of their village and group, and other modes shall be adopted, the PMO will try best to coordinate and settle the problems. If the resettlers have their own approaches for revenues, namely, they have fixed operation sites in other places, applicable operation skills and production equipment, or relatively 87

97 steady income resources, as well as they accept cash compensation and they want to find jobs by themselves, after the EA verifies if they completely meet the self-employed conditions, and they sign the resettlement agreement, receive the notarial certificate and go through other procedures during the project implementation process, the resettlement subsidies will be directly paid to the self-employed persons. For the groups and villages need cash compensation, if individual resettlers want to undertake agricultural production, the EA will help them obtain land, and continue agricultural production Investment of Economic Rehabilitation 1) Farmland Readjustment In the project, paid-for land readjustment should be carried out in allocating cultivated land. According to the plan, a total of 5.43 mu of paddy fields will be allocated to the affected individuals, and the cost for such land readjustment will be RMB yuan based on RMB yuan per mu of unit compensation rate for paddy adopted for the in the project. 2) Development of Green House Vegetables Following land readjustment, due to reduction of farmland, compensation funds of land should be used and measures of production and development such as improving cultivated structure, strengthening the management in fields to recuperate the loss from losing part of cultivated land. According to the analysis of cost for green house development, each green house will occupy about 0.25 mu of farmland, and 4 green houses will be needed for developing each mu of green house vegetable field. Based on unit cost of RMB 6,652 yuan per each green house, the average cost of RMB yuan of investment will be needed in order to change each mu of paddy field into green house vegetable field. (Table shows the information in detail). 88

98 Item Unit TABLE Analysis of Investment Unit Price in Changing Paddy Field into Vegetable Plastic shed Unit price (yuan) Quantity Sum (yuan) 1.Project investment Plastic shed One Labor Working day Matching facility Hydro facility Yuan Operation cost Seed Yuan Farm fertilizer t Chemical fertilizer kg Medicines kg Technical service fee Remarks Including field-cleaning, trellis-shelving and etc Calculated by 5% of fees from 1 st to 5 th items 5. Unforeseen fee Calculated by 5% of fees from 1 st to 4 th items 6. Total 3746 According to economic rehabilitation plan, a total of mu of green house vegetable fields will be developed, which will cost about RMB million yuan. 3) Development of Animal Husbandry Activities For the affected farmers, the cash compensation measures will be selected for the animal husbandry resettlement mode, the affected farmers can undertake the animal husbandry and other activities with these compensation fees. According to the land losses of the affected farmers who will be resettled by cash compensation, the total investment will be RMB million yuan. According to the above analysis and calculation, a total of RMB million yuan are needed for economic rehabilitation for the project. Detailed information is shown in Table Table General Investment Estimate of Resettlement Economic Rehabilitation Item Unit Unit price (yuan) Quantity Investment (Million yuan) Total Adjustment paddy field inside the group Mu Develop green house vegetable Mu Develop animal husbandry person Remarks 89

99 Balance between Land Compensation Fee and Economic Rehabilitation Investment According to the relative resettlement articles: The land compensation and resettlement subsidies, is used by the institutions with land acquired, for production rehabilitation and development, and arranging the employment for the surplus labor forces caused by the land acquisition, livelihood subsidies for people incapable for work. It can also be contracted to the county (city) and be unitedly allocated by the county (city) for land development, production and livelihood resettlement for resettlers. But these special funds must be used for the specific purpose. The funds shall not be privately shared or used for other purposes. In case that the land compensation and resettlement subsidies can not meet the requirements of production and resettlement, the resettlement subsidies can be increased according to the situation. Therefore, the land compensation fee and resettlement subsidies, as the only fund resource of the resettlers production and resettlement, must be equal to or a little more than the total investment of economic rehabilitation. According to the economic rehabilitation plan, the required economic rehabilitation population in this project is 121. The investment for production development project is RMB million yuan in total (See for details). The permanent collective land acquisition compensation fee in the project area is RMB million yuan in total, 1100 yuan more than the required investment for economic rehabilitation of agricultural population, a little more than required investment for other economic rehabilitation. This indicates that the land compensation standard is considerably suitable, and can meet the fund requirement of economic rehabilitation. The fund margins can be unitedly used for the later development of each village group, such as launching village-owned enterprises, land resources development and improving low-yield farmland and converting dry farmland into paddy fields, etc., to ensure that the livelihood level of the resettlers reaches or exceeds their previous standard Forecast of Economic Income Level Resettlement production development means to combine resettlement with project construction, resource exploitation, soil and water conservation and economic development and make resettlement production reach or exceed intrinsic living condition step by step. Planning scheme of production development is brought out on the basis of natural and social economic characters of project region and collecting opinions of resettlement. Analysis of output profits of its developing items is as followings. 1) Green house vegetables: The production cost of normal year of each green house vegetable is 1193 yuan per year (including operation cost and technical service charge) and each green house can yield 4000 kg of counter season vegetables. Each green house can add yuan of profit per year which is beyond the per capita pure income of 1478 yuan in project region if the 90

100 profit of vegetable per kg is calculated as 0.8 yuan and cost and alternative land profit are deducted (the alternative land profit is yuan if the annual production value of paddy field is yuan per mu and each green house occupies 0.25 mu). 2) Animal husbandry: According to the investigation, 550 yuan of all kinds of costs are needed for raising each pig and the net profit for selling each pig is 250 yuan. The income can reach 2000 yuan if each person can raise 8 pigs per year. Because 8 yuan of all kinds of costs are needed for each duck and the net profit of each duck is 13 yuan, the income can reach 1950 yuan if each person can raise 150 duck per year. The above incomes are all beyond the per capita pure income of 1478 yuan. Table shows the analysis of input and output of animal husbandry activities in detail. Analysis on Input and Output of Animal Husbandry Table Item Pigs breeding Ducks breeding Remarks Raising quantity (head/head) Production value Unit output value (yuan) (yuan) Subtotal Cost Unit cost (yuan) (Yuan) Subtotal Profit Unit profit (yuan) (Yuan) Subtotal Rehabilitation Measures for Resettlers Economic Income The project implementation agency will offer help and support to the resettlers as much as possible during the whole course of resettler livelihood recovery in this project. They include 1) Distribute resettlement subsidy and help resettlers to become self-employed. 2) Strengthen the training of production skills for resettlers and invite experienced specialists to train the resettlers to develop cultivation industry and animal husbandry industry. 3) Give first priority to the resettlers when hire labour for the project construction. According to the design of this project construction organization, the project construction will totally take up 76,624 working days with labour force, and will afford some employment chances including land levelling and landscape works. Though some project tasks will be temporary, the income of these employees, according to income survey of the same work type in Chenxi County, will be 800~1200Yuan/month. So the local resettlers will obtain short-term incomes which will be useful to enhancing living level of affected people and restoring their income and livelihoods. 4) The local government will provide financial encouraging policies, such as tax reduction and subsidy, to the resettlers who are engaged in the secondary and tertiary industries. The bank 91

101 will also give priority to loan Resettlement Villages Planning The resettlement planning is different from one village to anoter village because of the different impact caused by project construction and difference in land requisition, resources structure, and infrastructure facilities conditions. The resettlement planning of each affected village (excluding the impact of temporary land occupation) are elaborated as follows: Dongxing Residential Committee of Chengjiao Township 1) Current State Dongxing Residential Committee is an administrative village subordinated to Chengjiao Township of Chenxi County located in the north bank of Chenshui River, the east part of the city. The village borders on Liugongtang Village of Chengjiao Township in the east, and lies near with the city on the directions of west, south and north, so the communication is very convenient. The whole village is composed of 4 villagers groups and has 921 households and 1321 persons with 320 agricultural populations and 1001 non-agricultural populations. Per capita income for 2003 was 1300 yuan. There are 30 households or 3.3% of total households in the village engaged in the secondary and tertiary industries such as catering, clothing, retail and so on. The proportion of labor force in the village is 60% of total population. About 20 people are working outside mainly in Guangdong and Shanghai in various industrial sectors, such as shoe-making, electronics, service industries and so on. Growing rice and vegetable are the main agricultures of Dongxing Residential Committee and rice is one-cropping rice. There are 37 mu of cultivated lands in the village with 28 mu of paddy fields and 9 mu of dry land. The current cultivated land per capita is 0.12 mu. 2) Impact by Land Acquisition and Demolition The land acquisition and demolition will actually affect 17 households with 51 persons, including 8 households with 19 persons to be affected by temporary land occupation, in which house demolition will be not included. Moreover, this project needs to acquire 6.47 mu of cultivated lands of the village, which are all paddy fields. The surplus cultivated land per capita after land acquisition will be 0.16 mu, which is 0.04mu less than that before land acquisition, or with a reduction of 18.05%. The 1st and 3rd groups are involved in the land acquisition, of which, the cultivated land per capita in 1 st group after land acquisition will be 0.16 mu, with the reduction of 18.05%; and the cultivated land per capita in 3 rd group after land acquisition will be 0.18 mu, with the reduction of 16.82%. Table shows the cultivated land acquisition in detail. 92

102 Cultivated Land of Each Villagers Group in Dongxing Residential Committee Table Occupied ruled Reducing Cultivated Cultivated Cultivated land area (mu) cultivated land area proportion of land per land per (mu) cultivated land capita capita after Villager s Total Rural per capita before land group population population Paddy Dry Total acquisition Total Paddy land Dry before and after acquisition field farmland field farmland land acquisition (mu/person) (mu/person) (%) Total ) Resettlement Measure On the basis of extensive consultation among relocatees, through discussion, two committees of the village made a decision based on the actual condition of the village, that the resettlers in the village will be resettled in accordance with the following measure: Economic rehabilitation measure: Since the existing cultivated lands in involved 2 groups are only 0.2mu/person and 0.21 mu/person, and that will be 0.16 mu/person and 0.18 mu/person after acquisition, so it is impossible to adjust the land in groups. But in recent years, the animal husbandry is developing very fast in Dongxing Residential Committee, there are over 30 households are the big breeding owners (of which over 20 households engage in pig breeding, they can supply live pigs of annually), therefore, most of the affected agricultural household hope to grasp this advantage to further develop the breeding industry by the leading of the important breeding households. According to the villagers discussion, the two groups are planning to develop a hoggery, a duckery for ecotypic rice-duck breeding. These dealings will be managed by means of voluntary joint stock, so the affected villagers can use the land compensation to buy stocks and get the capital bonus every year. The Village Committee will organize the big breeding households to introduce experience and provide the sales channels. 32 persons will be relocated in this way Paotai Village of Chengjiao Township 1) Current State Paotai Village is an administrative village subordinated to Chengjiao Township located in the right bank of Yuanjiang River, the east part of the city with 1 kilometer away from the downtown. The village borders on Dafutan Village of Chengjiao Township in the east, Dongxing Sub-District in the 93

103 west and Liugongtang Village in the north. There are paved roads among these villages with convenient transportation conditions. The whole village is composed of 5 villager groups and has 208 households and 812 persons who are all the agricultural populations. And net income of per person in 2003 was 1460 yuan. There are 15 households or 7.2% of the village households are involved in secondary and tertiary industries such as catering, clothing, goods and so on. The proportion of labor force in the village is 55% and there are 97 people working outside as migrant labors mainly in Guangdong and Fujian and Zhejiang in various industrial sectors, such as shoe-making, electronics, service industries and so on. Growing rice and vegetable are the main agricultures of Paotai Village and rice is almost the one-cropping rice. There are 432 mu of cultivated lands in the village with 332 mu of paddy fields and 100 mu of dry lands. The current cultivated land per capita is 0.53 mu. 2) Impact by Land Acquisition and Demolition The land acquisition and demolition of this project will actually affect 22 households with 77 persons, including 7 households with 15 persons to be affected by temporary land occupation, in which the house demolition is not included. Moreover this project needs to acquire 24.4 mu of cultivated lands in the village, of which, the paddy fields are 20.9 mu and the dry farmlands are 3.5 mu. The surplus cultivated land per capita after land acquisition will be 0.50 mu, which is 0.03mu less than that before land acquisition, and with a reduction of 5.65%. The 4th and 5th groups are involved in the land acquisition, of which, the cultivated land per capita in the 4th group, after land acquisition, will be 0.33 mu, with a reduction of 19.8%; and the cultivated land per capita in the 5th group, after land acquisition, will be 0.28 mu, with a reduction of 22.1%. Table shows the cultivated land acquisition in detail. Cultivated Land of Each Villagers Group in Paotai Village Table Cultivated land area Cultivated Occupied ruled cultivated Cultivated (mu) land per land area(mu) land per Villager s Reduction of capita capita after group Total Rural population population Total Paddy cultivated land Dry before land Paddy Dry land Total per capita (%) field farmland acquisition field farmland acquisition (mu/person) (mu/person) Total

104 3) Resettlement Measure Based on the extensive consultation with resettlers, through discussion, the two committees of the village made a decision based on the actual condition of the village, that the resettlers of the village will be resettled in accordance with the following principles: Economic rehabilitation measure: The land readjustment will be carried out in the project affected villager groups, and the land acquisition fee will be belong to villager s groups. Due to the short distance from urban area, the villagers are quite enthusiastic for growing green house vegetables. Since most villagers want to develop the green vegetable planting, 15.5 mu paddy field with low yield will be changed into 62 green house vegetable fields by using the land compensation, which will be combined with the Planning Industry Planning of Chenxi County. These dealings will be managed by means of joint stock and affected villagers can get capital bonus every year. 62 persons will be relocated in this way Zheping Village of Chengjiao Township 1) Current State Zheping Village is an administrative village subordinated to Chengjiao Township located in the north bank of Shuangxi River, the north part of the city with 2 kilometers away from the downtown. The village borders on Liugongtang Village of Chengjiao Township in the east, Chenyang Town of Chenxi County in the west, Dongxing Sub-District in the south and Shuangmu Village in the north. There are class highways among these villages with very convenient transportation. The whole village is composed of 7 villager s groups and has 187 households and 825 persons who are all the agricultural populations. And net income of per person in 2003 was 1390 yuan. There are 5 households or 2.7% of the whole village populations engaged in secondary and tertiary industries such as catering, clothing, goods and so on. The proportion of labor force in the village is 61% and there are 80 people working outside as migrant labors, mainly in Guangdong and Fujian and Zhejiang and in various industries such as construction, electronics, clothing, service industries and so on. Rice and vegetable are the main agricultures of Zheping Village and the rice is mainly one-cropping rice. There are mu of cultivated lands in the village with mu of paddy fields and 44.4 mu of dry farmlands. The current cultivated land per capita is 0.52 mu. 2) Impact by Land Acquisition and Demolition The land acquisition and demolition of this project will actually affect 16 households with 50 persons (including 5 households with 8 persons to be affected by temporary land occupation), among which 4 households with 16 persons will be resettled by building houses. Furthermore, this project needs to acquire mu of cultivated lands in the village which are all the paddy fields. 95

105 Cultivated land per capita will be reduced from 0.52 mu to 0.51 mu after land acquisition, with 0.01 mu reduced, or the deduction of 3.14%. Table shows the cultivated land acquisition in detail. Table Villager s Group Total population Cultivated Land of Each Villager s Group in Zheping Village rural population Cultivated land area (mu) Total Paddy Land farmland Cultivated land per capita before land acquisition (mu/person) Occupied cultivated land area (mu) Total Paddy y farmland Land Cultivated land per capita after land acquisition (mu/person) Reduction of cultivated land per capita (%) Total ) Resettlement Measure Based on the extensive consultation with resettlers, through discussion, the two committees of the village made a decision based on the actual condition of the village, that the resettlers of the village will be resettled in accordance with the following principles: Relocation and houses building planning: According to voluntary choice of relocattees, the village committee decided to resettle 5 affected households with 15 persons by means of scattered and moving-back resettlement in existing groups, and will unifiedly arrange new housing plot with the standard of 120m 2 ~150m 2 /household. The reconstruction of houses, according to relocatees desires, will be carried out by means of self-demolition and self-reconstruction. This project will provide compensation for their loss according to relevant policies, necessary subsistence subsidy, such as conveying fee, and expenditure of attached infrastructures of new housing plot. Moreover during the house construction, the project implementation agency and village committee will also provide necessary assistance for the affected persons Economic rehabilitation measure: 27 persons in Zheping Village need economic rehabilitation. a) Since there are many cultivated lands in 4th, 7th groups of Zheping Village and cultivated land per capita in 7th group will be 0.78 mu after land acquisition, and because no households will lose 96

106 their farmlands completely, there is slight impact on the affected farmers income. So it plans to relocate these affected farmers by partial cultivated land adjustment in existing groups. Total cultivated land for adjustment is 5.43 mu according to the number of relocatees and standard of surplus cultivated land per capita after land acquisition. The land compensation will be paid to the farmland contractors who will give up some of their farmlands, so that they can put more investment on agricultural production and increase their income by improving soil fertility, adjusting crop variety, and transforming low-yield farmland. And 8 persons will be relocated well in this way. b) Cultivated land adjustment cannot be carried out within the Groups 2, 3, 6, whose cultivated land per capita is less than 0.5 mu after land acquisition. Due to the short distance from urban area, the villagers are quite enthusiastic for growing green house vegetables. Since most villagers want to develop the vegetable planting, 4.75-mu paddy field with low yield will be changed into 19 green house vegetable fields by using the land compensation, which will be combined with the Planning Industry Planning of Chenxi County. These dealings will be managed by means of joint stock and affected villagers can get capital bonus every year. 19 persons will be relocated in this way. 5.6 Rehabilitation Plan for Affected Commercial Units The project will affect 2 small shops during land acquisition and resettlement. The 2 privately owned shops are all located in the Zheping Village of Chengjiao Township. More details are showed in Table The 2 structure owners are all the owners of their small shops (not special shops). The main customer base is local residents with few floating population. Due to located in low area, they are often impacted by frequent flooding. The businesses of these shops are quite poor. According to the investigation, most of them have had the idea of changing business or operating on other places and hoped to select the shop owners would like to change site or change business. They wish the after getting compensation, they will find alternative site to open new business. When the executive organ of this project assists the owners in choosing the new housing plot, the new sites should be arranged with priority at the crossroads or the two sides of main roads where people come in and out frequently so as to assure their customer sources without much decrease and to keep their original business level. 5.7 Vulnerable Groups Resettlement and Rehabilitation During the course of resettlement process, appropriate department of the project will specially pay attention to the resettlement of vulnerable group. To those affected vulnerable group mainly including elderly living alone, women headed households, and extremely poor families, in addition to standard compensation provided by the project, the project would provide additional financial or 97

107 physical assistance so that their rehabilitation and restoration of income and livelihood could be completed as soon as possible. 1) The project will afford special allowance for the families under the poverty line to help them construct houses and keep their living level. The detailed measures include the house building subsidy of 3000 yuan/household for poor households, and subsistence subsidy of 600 yuan/person to help them overcome the difficulties during the demolition. 2) After implementation of the project, the affected households could apply for loan, and local village collectivities could provide guarantees for such application. 3) During the course of implementation of the project, local village collectives will help those vulnerable families with selecting new housing site, rebuilding new houses, and transferring to new houses construction. They include those elderly living alone, disabled, and women headed households. According to investigation, this project will not affect vulnerable group. However during the implementation of resettlement, this project will further determine vulnerable group affected by this project after making comparison and analysis onthe relocatees objective conditions (such as family members structure, situation of labor force employment and family resource holding) and data collected by local civil administration establishment. Once the affected households are ascertained as vulnerable group, during the implementation of resettlement, the EA will provide them special assistance. Allowance for the vulnerable group will be calculated by 1% of the total cost of occupied land compensation and resettlement for the project, which will be used to provide compensation of house and accessorial facility and used for the cost of providing all kinds of assistance or life support to the vulnerable group affected by the project. 98

108 6.Institution and Responsibility 6.1 Institutions Engaging in the Resettlement Under arrangement by Key Project Office of Hunan Province Water Resource Department, the demolition investigation and resettlement planning were finished by Resettlement Consultation Unit and the related resettlement design units. Chenxi County People s Government and Water Resource Bureau assigned their staff to join in the work of investigation and planning. Township, village (Residential Committee) and group affected by the project arranged the leaders and the masses to join in the investigation and planning. 6.2 Resettlement Implementation Institution and Responsibility Organization Institution Special Resettlement Offices shall be established in Hunan Provincial Project Management Office and Chenxi County PMO in order to manage the resettlement implementation work. There are about 1 to 8 persons in Project Resettlement Office. Because it is a social work, staff of PRO shall consist of persons from government, land administration, planning department and agricultural department. PRO leader shall be a person rich in management experience. One to two main leaders shall be arranged in the township and village (Residential Committee) affected by the project. One government leader and Land Administration Station leader will take the chair in township, and village head or director will take the chair in village and Residential Committee. See Fig for Frame of Project Resettlement Organization Institution Responsibility 1) Hunan Provincial Project Resettlement Leading Group Leaders from Hunan Provincial People s Government, Hunan Provincial Family Planning Committee, Hunan Water Resource Department and Provincial Loans Project Execution Office shall be appointed to establish Hunan Provincial Resettlement Leading Group. And its main responsibility is to strengthen the leadership for the project, and coordinate the relationship of Resettlement institution at all levels. 2) Hunan Province ADB Loans Project Office The main responsibility of Hunan Province ADB Loans Project Office is to organize the project Resettlement planning work and formulation of project Resettlement policy and coordinate the relationship of Resettlement institutions at all levels. Provincial Resettlement Management Office shall be established under Provincial ADB Loans Project Office to deal with everyday affairs. 99

109 Hunan Provincial ADB Loans Office Hunan Provincial Project Resettlement Leading Group Hunan Province Project Resettlement Management Office Chenxi County ADB Loans Project Office Chenxi County Project Resettlement Leading Group Resettlement Designing Unit Independent Monitoring and Evaluation Institution Chenxi County Project Resettlement Implementation Administration Office Township Resettlement Implementation Management Office Village Committee or Residential Committee and Villager s group Resettlement Household Fig Frame of Project Resettlement Organization Institution 3) Hunan Provincial Resettlement Management Office Hunan Provincial Resettlement Management Office is organized by Hunan Provincial Loans Project Implementation Office, and its main responsibility is to strengthen the leadership in the course of implementing the project in Hunan Province, coordinate the working relationship among the counties (cities and districts) in Hunan Province and guarantee the construction of main body of project and 100

110 the smoothness of land acquisition resettlement. 4) Chenxi County Project Resettlement Leading Group Chenxi County Project Resettlement Leading Group is managed directly by leaders of Chenxi County People s Government in charge of the project, and the main responsibility is to strengthen the leadership in the course of implementing the project in the city, coordinate the working relationship of towns, guarantee the construction of main body of project and the smoothness of land acquisition resettlement. County PMO shall be established under the leading group to deal with everyday affairs. 5) Chenxi County ADB Loans Project Office The main responsibility of it is to strengthen the leadership of the project, manage the formulation of Resettlement policies and coordinate the relationship of Resettlement institutions at all levels. County Resettlement Implementation Administration Office shall be established under it to deal with everyday affairs. 6) Chenxi County Project Resettlement Implementation Administration Office The main responsibility of it is to exercise the function of management, planning, implementation, coordination and supervision of the resettlement work: 1 Formulate project land acquisition and resettlement policy; 2 Entrust the designing unit with the surveying of the affected range of the project, investigation of objective and data of the affect of land acquisition and reserving the data; 3 Apply for the land usage planning license and land usage construction license; 4 Be in charge of service training of main leader of land acquisition resettlement Office; 5 Organize and coordinate the compiling and implementation of Resettlement Planning Report; 6 Responsible for administration and allocation of funds and supervision of the using of funds; 7 Guide, coordinate and supervise the implementation and progress of resettlement ; 8 Preside over and check the internal monitoring activities and be in charge of compiling land acquisition resettlement progress report; 9 Determine external monitoring institution and assist in the external monitoring. 7) Township Resettlement Implementation Administration Office It is led by town leader in charge of this project and composed of main leaders of Land Administration Station, Police Office, Civil Administration Station and villages. The main duties of it is as follows: 1 Participate in the project investigation and assist in the compilation of Resettlement Action Plan; 101

111 2 Organize the masses to participate in and publicize the resettlement policies; 3 Carry out, check, supervise and record all resettlement activities in the township or town; 4 Go through the procedures of house demolition and reconstruction; 5 Responsible for the payment and management of land compensation funds; 6 Supervise the land acquisition of land, dismantlement of houses and attached structures and reconstruction and demolition of buildings; 7 Report the land acquisition, dismantlement and resettlement result to Municipal Land Bureau and Resettlement Management Office; 8 Dispose the contravention and problem in work. 8) Village Committee or Residential Committee and Villager s Group Resettlement Group of Village Committee or Residential Committee and Villager s Group is composed of main leaders of Village Committee and Villager Group, and its main responsibility is as follows: 1 Participate in the investigation of social economy and project affection; 2 Organize the masses to discuss and publicize the land acquisition and demolition policies; 3 Select the resettlement site, and allocate land for the resettlement household; 4 Carry out land reclamation, adjustment and allocation and organize production development; 5 Responsible for administration and allocation of funds; 6 Submit opinion and advice of resettlers for the higher level department; 7 Report the implementation progress; 8 Provide help for the troubled household with difficulties in demolition. 9) Responsibilities of Design Unit During the planning design stage, survey the physical index of demolition, environmental capacity, developable and available resources exactly, to assist the government in the project area to work out the resettlement scheme, to compile the Budgetary Estimate of Compensation and Investigation for Demolition and the Report on Demolition and Resettlement Planning, and to work out the related drawings. In implementation period, the design document, technical specifications, drawings and notice will be provided to the County PMO in time, the design technical explanation on design will be made in stages to the project management Offices at all levels, each settlement Office will be assisted in the settlement demolition and settlement production arrangement, the settlement planning schedule will be made further improvement according to the actual conditions. 10) Responsibilities of Independent Institutions for External Monitoring and Evaluation Qualified monitoring evaluation institution shall be hired to be the resettlement-monitoring unit by the 102

112 County PMO, and its main duties are: 1 As a independent institution for monitoring and evaluation, its main responsibilities are to observe each aspect of the resettlement plan and its implementation, monitor and evaluate the resettlement work, the implementation result and the social adaptability of the resettlers, and provide resettlement monitoring and evaluation report to the ADB through the PRO. 2 Provide technical consultations for the PRO in the aspects of investigation and process the data. 6.3 Supervision Institution Chenxi County Project Resettlement Implementation Administration Office is the supervision institution, and it shall preside over and check the internal monitoring, compile project land acquisition resettlement progress report, report resettlement implementation progress, problem and advice for the Provincial Project management Office regularly in order to maintain the good function of resettlement institution at all levels in the course of project implementation, coordinate work of all aspects and master the resettlement implementation status. At the same time, County PMO shall hire qualified and independent external monitoring unit to take the charge of the project land-cover demolition and compensatory monitoring evaluation work of resettlement. Independent monitoring unit shall provide technology consultation for internal monitoring and management, provide overall resettlement implementation information for County PMO and report resettlement progress, problem and disposal advice for County PMO. 6.4 Resettlement Management System Employer responsibility system, project supervision system, project bidding system and contract management system are used in resettlement project management. Chenxi County PMO is in charge of the bidding work of resettlement implementation, special projects and basic facilities. And independent supervision units shall be invited to monitor and evaluate the resettlement. What s more, computers shall be used to manage the information and keep all archives of resettlement and materials in the course of implementation in PMO at all levels. 6.5 Resettlement Institution Personnel and Facilities Personnel In order to maintain the resettlement work to be carried out smoothly, special personnel shall be arranged for Resettlement Management institution at all levels to form a smooth information transmission channel. Personnel of resettlement institution consists of administrators and professional technical staff who own certain profession level and management qualification and land acquisition demolition working experience. See table for details of related institution personnel conditions. 103

113 Table Chenxi County Urban Flood Control Project Resettlement Implementation Management Institution Personnel Table Unit: Person Institution Name Total Administrator County Resettlement Implementation Management Institution Township Resettlement Implementation Management Institution Finance Staff Technical Staff Political Worker Rear-service Staff Total Facilities The facilities equipped with the institution mainly refer to the resource arrangement for resettlement implementation institutions such as Office building, transportation tools, Office facilities and communication facilities (see Table for details). Total amount facilities arrangement as planned for the resettlement investigation is million yuan, and the funds are open-fee of resettlement implementation institution of resettlement investment general budgetary estimate. Chenxi County Urban Flood Control Project Resettlement Implementation Facility Table Table Project Type Unit Price (yuan) Total Amount Municipal Resettlement Office Township Resettlement Office Investment (10 4 yuan) Remarks 1. Office House Yuan/House, hire for 2 years 2.Transportation Tools Piece 0.30 Hire 3. Office Facilities Computer Lenovo Yangtian Set M Printer HP1010 Set Digital Camera SONY DSC-V1 Set Air conditioner Gree 505TlyType Set Table and chair Set Scanner HP4670C Set Fax Liguang 8500 Set Telephone Siemens 8000Type Set Total Investment

114 6.6 Training Schedule To guarantee the work of project implementation be carried out successfully, we shall make the resettlers be trained and the training plan should be formulated. Resettlement training schedule contains two aspects: training schedule for resettlement administrator and production skills to be mastered by the resettlers Resettlement Administrator Training Schedule Plan and establish county-level, township-level and village-level resettlement institution personnel training and human resource development system. Resettlement administrator training work can be carried out by inviting leader or expert to give the lecture, launching technology training workshops in each units, study tour in resettlement project, training the administrators on the spot. Training content contains: 1) Resettlement principle and policy; 2) Resettlement planning management training; 3) Resettlement implementation planning design; 4) Resettlement implementation progress management; 5) Resettlement finance management; 6) Resettlement project quality control; 7) Management information system; 8) Resettlement monitoring evaluation; 9) Resettlement project management Production Skill Training Plan for Resettlers Resettlement production skill training schedule mainly is aimed to train the resettlement household in the aspect of knowledge and practical technology. The training mode of integrating long-term training, short-term training and key technology training together shall be adopted, and also some young person with certain knowledge shall be sent to study in Hunan Agricultural University and Hunan Agricultural Science Academy in order to provide a number of technical backbones for the project area; Regarding the provincial and municipal training center as the carrier, we shall hold all kind of practical technology training in order to make a number of resettlement master one to two kinds of practical technology and lead other resettlement households to rich life by science. 1) Resettlement backbone training: recommend and sent some resettlement children or resettlers backbone who is qualified and is active to receive long-term training and education in Hunan Agricultural University in order to make them the pioneers of resettlement development. 2) Planting technology training: carry out the training on big-shed vegetable production technology, high quality cross hybrid rice, two-low rape technology promotion by inviting agricultural science 105

115 experts to have class fixedly and demonstrate on the spot. 3) Aquaculture technology training: carry out the training on poultry feeding skill and livestock aquaculture skill by inviting agricultural science experts to have class in the fixed locations and demonstrate on the spot Resettlement Training Planning Investment Six terms of classes of settlement training are planned to run and resettlement leaders (12 persons/period): one terms of training for resettlers (6 persons/period), three periods for resettlement leader (6 persons/period) and the training planning investment is million yuan as planned (technology training fee shall be taken into the account of general budgetary estimate of resettlement). See table for details. 6.7 Institution Enhancement Measures 1) Make the responsibility and obligation range of resettlement institution clear and definite, and strengthen the supervision and management; 2) Enrich the forces of resettlement institution at all levels, and especially strengthen the profession technology forces. All of the personnel must own certain profession level and management ability, and strengthen the skills in computer, testing equipment and transportation tools; 3) Select the working personnel strictly, and strengthen the service skill training and carry out the training for administrator and technical staff in order to improve the service ability and management level; 4) Arrange women leaders with proper quality to make women play a role in resettlement; 5) Establish database and strengthen the information feedback to guarantee the information smoothness, and important problem shall be solved by resettlement leading group. 6) Strengthen the report system and internal monitoring, and solve the problem in time. 7) Establish external monitoring evaluation mechanism and pre-alarm system. 106

116 Table Project Training place Train mode Lecturer Training object Training for resettlement administrator 2.Resettlement production technology training Hunan Provincial PRO PRO of Chenxi County Domestic Similar Project Hunan Agricultural University Township PRO Lecture by expert Class Domestic Investment and Study Advance study and entrusted training Class Expert of provincial PRO Expert of provincial PRO Teacher of HAU Resettlement Implementation Training Schedule Table Administrator of county PRO 1Administrator of township PRO 2.Administrator of each village Main business personnel of PRO at all levels Resettlement backbone and resettlement children Amount of people (People) Administrator of Resettlement County PRO and Representatives of each 5(female3) agriculture Technology township and village expert Training content Amount of period (period) Total Arrangement of training funds (10 time (day) 4 yuan) Resettlement Principle and Policy; 2. Resettlement Project Planning Management; 3.Resettlement Finance Management; 4.Management Information System; 5. Resettlement Implementation Management, etc. 1.Resettlement Principle and Policy; 2. Resettlement Project Planning Management; 3.Resettlement Finance Management; 4.Management Information System; 5. Resettlement Implementation Management, etc. Resettlement implementation and monitoring management Management of production technology, 2.Management of agriculture technology, 3.Multi-oeration of agriculture production, etc. 1.Training of planting technology, 2.Training of breed aquatics technology Total

117 7. Public Participation and Harmonization with Residents in Relocation Sites 7.1 Public Participation Strategies According to relevant demolition resettlement policies and code of nation, province and city, in order to maintain lawful rights and interests of resettlers and removed units, and to minimize complaints and dispute, we shall further work out the policies and implementation detailed rules of removing and demolition of project, compile resettlement plan, do well the implementation and organization work to fulfill the purpose of resettlement and demolition aiming at the rebuilding character of the project. In order to accomplish appropriate resettlement, a great deal of efforts have been made on resettlers participation and consultation during the phase of policy making of resettlement and demolition, planning and implementing of the RP. 7.2 Approaches and Measures of Public Participation Participation Approaches Before launching investigation work, we compile general work outline, hear and accept local government s opinion for the investigation contents, approaches and requirements, etc. Local government dispatches staff to take part in investigation group and work together. During the period of investigation at large, we invite principals and representatives of township, village and group to participate in investigation work, and propagate to them the project necessity, project effect, project influence, compensation principle and resettlement schedule, and deliberate over the possible direction of the resettlement together. In the phase of resettlement planning, the work staff of resettlement deliberate with all levels of leaders of township and county, hear and accept opinions, requirements, and existent problems, select demolition sites. When investigating on the spot, local mass and concerned leaders shall participate in selecting resettlement location. It is proved that the consultative work has active significance to selecting resettlement location of long-term potential and establishing scheme that is easy to be accepted by resettlers Participation and Consultation Measures Public participation and consultation mainly adopts two ways of small group discussion and sample survey of resettlers desire. Illustrate project building purpose, content and importance to the resettler representatives and discuss the matters concerned the resettlement planning together through these manners. Through investigation, great deal of efforts shall be made on public participation and consultation opinions by design units. On basis of no prejudice to the collectivity planning principle, housing construction scheme and production rehabilitation modes should be consistent with mass opinions so that programming is in reason and resettlers are satisfied. 108

118 In the stage of resettlement implementation, still adopt the ways of consultation meeting and sample survey of resettlers desire, collect resettlers information, investigate resettlers desire, and perfect resettlement plan ulteriorly. To ensure that the resettlers and local government in the affected area understand the detailed information of the resettlement and compensation plan of the project, we made propaganda to the resettlers the laws and regulations on national resettlement through public participation (consultation meeting) or local media (such as TV) from the start to the implementation of resettlement plan, so resettlers will know exactly physical indices, the computing method of compensation rates and methods, resettlement measures, appropriation and utilization of the resettlement compensation and allowance, the rights of the resettlers and favorable policies, etc. At the same time, similar information should also be disclosed to the residents in the demolition sites to make them know more about land occupation information, land compensation rates, utilization of fund and resettlement information. We disclose resettlement work to gain the support and confidence from both groups to ensure the success of resettlement work. 7.3 Public Participation in the Process of Resettlement Planning In the stages of preparation and compilation of Resettlement Plan, all levels of local government and resettlers should take part in the following items of work: 1) When surveying the land occupation for the project and demolition impact, Chenxi County project resettlement Office, resettlement design units, the investigation work is with attendance of village (Residential Committee) and villagers groups and resettler representatives in December in In the process of Resettlement Planning, project resettlement office and resettlement design units go deep into every village and villagers group, adopt the form of holding consultation meeting with attendance of leaders of villager s group and resettler representatives, or discuss with resettlers randomly, and further solicit their opinions and suggestions on resettlement (including their choice of resettlement location, production rehabilitation measures, house reconstruction and compensation policies for land occupation, which are presented in Table ) Chenxi County resettlement project management office and design office successively organize and hold propaganda meeting with attendance of all levels of local leaders and all classes of affected persons. Propaganda the all classes of existing policies on resettlement of Country, province and city. Accept and consult widely their opinions on how to decrease project impact, how to resettle the demolition resettlements for land occupation and compensation rates for all levels of affected persons, which are presented in Table

119 Table A Questionnaire of Public Attitudes toward the Project Time Location Participant Participant Number Discussion Content Final Results Dec.2004 Each resettlement village Officials of each resettlement village, design unit, resettlers representative 30(female 18) Project introduction, affected area and initial resettlement scheme Supporting project construction, agreeing on resettlement plan initially Dec.2004 County, town government meeting room Planning committee, town government, design units, planning, country and resettlers representatives 11(6 females) Project introduction, affected area and initial resettlement scheme Supporting project construction, agreeing on resettlement plan in principle. Dec.2004 County government meeting room County government, design units, planning, country, resettlers representatives 15(8 females) Solicit project opinions on compensation, resettlement plan and land occupation Defining every item of compensation standards, resettlement policies and land occupation policies. Table7.3-2 Policies Disclosure Purpose Content Who and with whom When Where 1.Project affected all kinds of Survey group consists Administrative management quantities of physical indices and of county project organ of project area, Project impact in land occupation of project. management Office Dec.2004 township government, village socioeconomic survey 2.Project influence and committee, the affected socioeconomic condition in the resettlement design domestic and non domestic area affected by the project units 1.Accept the opinions and suggestions of every relevant Initial consultation for the party of project scheme, County government, compensation policies and demolition and resettlement county project demolition scheme in the work. management Office preparation of resettlement 2.Resettlers representative and affected people plan participate in resettlement and Dec.2004 Within the project scope demolition. 1.Hold consultation meeting, concentrate on introducing Further consultation of conditions and go on accepting County project, 6 months compensation policies and opinions and suggestions. demolition Office and before rehabilitation plan in 2.Hold demolition meeting, relocated household demolition modifying resettlement plan propaganda resettlement plan, representative Demolition Site compensation rates and answer the resettler s inquiry. 110

120 3) In the process of resettlement planning, the project publicize relevant resettlement information to the residents in relocation sites, through holding the discussion with and resettlers representatives or talk with resettlers randomly. Then they can know more about the land occupation, land compensation rates, utilization of fund and resettlement information. Table Information Disclosure Document Situation introduction of the project (including land occupation Introduction of the project of land occupation and demolition Disclose the bulletin of resettlement plan Disclose the report of resettlement plan Submission Disclosure Way 1. Holding the meeting 2. Bulletin column 1. Resettlement Information Manual 2. Hold the meeting Disclosure Date Dec.2004 August 2005 Disclosure Location Project area Project area Bulletin column August 2005 Project area 1. Bulletin column 2. Published in the newspaper 1. County project management Office 2. Website September 2005 September 2006 Project area County Project Management Office 4) In December 2004, staff of the resettlement planning team conducted survey desire among affected households with the assistance and corporation of relevant department of project. The results are listed as follows: 1 Know about the project: 100 percent of resettlers know about it. 2 Channel of comprehending: From investigators 84.3 percent of resettlers know about it, 15.7percent of resettlers through villagers in the neighboring village. 3 Supporting attitude :All resettlers support the project. 4 Views on impact: 85.6 percent of resettlers think flood control benefits of the project is great, the negative effect caused by the land acquisition and demolition can be reduced by proper compensation; 6.9 percent of resettlers think the flood control benefits of the project is great, the negative effect caused by the land acquisition and demolition can be reduced by proper compensation; 7.5 percent of resettlers think the flood control project had no effect on them, but the negative effect caused by land acquisition and demolition is to some degree percent of resettlers in the county area hope government arrange houses base unifiedly so as to remove and build houses by themselves percent of resettlers choose centralized resettlement. 111

121 6 Economic rehabilitation: 46.9 percent of resettlers require cash compensation; 53.1percent of resettlers require the adjustment of land. 7.4 Public Participation and Plan Implementation of Resettlement Plan Resettlers should be encouraged to participate during the whole course of implementation of resettlement planning of the project Participation in the Houses Reconstruction and Resettlement 1) Housing Compensation Standards The compensation standards for house will directly affect the interests of the relocated household. Before the houses are demolished, the relevant resettlement authority will consult and sign an agreement with the relocated household on the compensation standards for the houses. The consultation results will be declared publicly before the agreements are signed, so as to put the resettlement under public supervision. 2) Resettlement Locations and Ways of House Reconstruction At the RP preparation stage, the relevant authority carried out survey on the resettlement host sites and the way of house reconstruction. According to the results of resettlement survey, most of the affected households are willing to have their houses relocated in their own groups and to rebuild houses by themselves. The local governments at all levels will provide assistance at different stages for house demolition. 3) Disposal of Old Houses All of the relocated household will be compensated at replacement value for their old houses. Within a stipulated time limit, the relocated households can, according to their will, demolish their old houses firstly and then rebuild the new houses or vice-versa. The salvageable materials from the old houses can be used by the relocated households themselves Participation in Economic Rehabilitation All the villagers of every villager s groups should participate in the adjustment and distribution of land and start-up of other agricultural development project, especially for taking care of resettlers who have special requirements to land Participation in the Utilization and Management of Land Compensation Land compensation should be owned by collectivity of villager s groups, any unit or individual shall not withhold and appropriate. After the compensation funds have been given to collectivity of villager s groups, it should be planned as a whole in order to ensure special funds for special purposes. The fund cannot be used until the usage is talked over and agreed in meeting with the attendance of every group of villagers and be supervised by villager representative. 112

122 7.4.4 Participation in Project Construction The project construction will cause certain impacts on the local community. In order to ensure the affected persons benefit from the project construction, the local persons will be encouraged to take part in the construction, and favorable conditions will be created to use local materials and local labor force. 7.5 Women Participation From the beginning of the project, a great effort has been made on the roles that women play in the project by the implementation institution of the project and local government. Concern women and families where women are the householders and made women give full play to in the process of implementation of resettlement plan. In the affected area, women s rights, interests and status should be the same as that of men. Women play an important role in economic development activities and housework. Especially in the village, most women stay at home, more men go into the city to find jobs. So besides family responsibility women play an important role in tilling and non-farming work. So in the area affected by the project, women will pay more attention to the project than men. They not only take part in every stage of resettlement work but also give fineness rein to the direction and method of resettlement. During the period of surveying the project at large, all female directors of resettlement villages are invited to participate in investigation working groups to propaganda and communicate with affected women. In the small consultation meeting of resettlers, more than 40 percent of participant is female. Besides supporting the project actively, they showed that they pay more attention to the correctness of surveyed physical indices, rationality of compensation standard and whether the compensation can reach in time, etc. In the resettlement planning stage, resettlement design unit actively invite female resettler representatives to discuss together, accept their opinions, requirements and existing problems on production rehabilitation and resettlement of demolition and housing construction. The consultation work has positive significance in releasing women from the worry of living source and traditional production pattern and achieving equal proceeds in the production. Meantime arrange for at least one-woman cadre in all levels of setup of the project, and encourage women to participate in the implementation of the resettlement planning. A great deal of effort will be made on the women s demolition activities, especially the livelihood rehabilitation by resettlement implementation setup and local government in the process of implementation of the project. Give priority to women and provide more opportunities in the project construction. 113

123 7.6 Harmonization with the Residents in Relocation Sites The resettlement demolition of the project is mainly to buy houses by themselves and build houses centralizedly, the former resettlers can choose place to buy house where they can adapt the new living environment. The latter resettlers can be harmonious with residents in relocation sites because the resettlement s livelihood doesn t change much and they share the common life and customary habits. Certainly, it doesn t mean that there is no estrangement and conflict between the resettlers and former residents. In order to promote good relationships between them, the following work should be done: 1) Before demolition, resettlers and residents in the demolition sites should take part in the resettlement planning. If you want to get cooperation, participation and feedback opinions of demolition sites and resettlers, introduce to them their rights and schemes they can choose. They can have their own choice from a number of resettlement schemes. They can consult with them directly or define through formal or informal leaders and representatives. In most conditions, do some system arrangement such as project official holds and regular meetings with local group so that resettlers and residents in the demolition sites can show their opinions in the whole period of planning and implementation of the project. Must make effort to see that vulnerable populations express their opinions adequately. 2) Try to decrease the impact on the residents in relocation sites. There may be conflict between resettlers and residents in the demolition sites if resettlers need more land, water sources, wood land and society services, or society and houses facilities provided for resettlers succeed the level of residents in relocation sites. So in order to avoid such conflict, the livelihood conditions and society services of the residents in relocation sites should be improved, at least avoid deterioration. Try to provide for two groups the perfect education, water supply and medical service and create better social atmosphere for their permeation. 114

124 8. Appeal Procedure 8.1 Possible Complaint and Problems Solving Methods Resettlement Plan makes overall plan for resettlement scheme from the angle of the affected area of the whole project. In the implementation process, resettlers complaint may appear because of the change of actual situation and deviation of operation. According to resettlement experiences got from the constructing and constructed projects, the resettlers complaint may be the several following kinds: 1) Indices Problem Because of the error in the process of surveying, statistics and computation, the occupied and removed physical indices may be missed out, without entry and wrongly entered to affect resettlers benefits. When such problems happen, the affected people through village committee can report to township resettlement Office in oral or written form. After processed by township resettlement Office, the problems should be submitted to county project management Office and supervision unit. Under the leadership of county project management Office, organize professional personnel to verify on the spot, sign and issue disposal opinions, ratify and register the missed out item, wrongly entered or missed out physical indices and compensate according to the standard. 2) Compensation Standard Small number of resettlers might have concerns on the compensation could not meet rehabilitation needs due to lack clear understanding about national resettlement policies and compensation. Prior to implementation of resettlement project, the design personnel should cooperate with all levels of government and resettlement office, do the technical explanation, explan national resettlement policies and the computation process of compensation standard in order to make resettlers understand that compensation standard is compiled according to the national laws and regulations document, which can ensure resettlers move out, live comfortably, develop so as to release their misgiving. 3) Funds In the construction process, due to slow allocation of resettlement funds, houses building, and economic rehabilitation might be affected. Such questions require managers of implementation of resettlement control funds, schedule and quality to ensure resettlement funds can be used effectively as designated. The resettlement fund allocation should be in accordance with the schedule every month and resettlement project proceed according to the schedule. 8.2 Appeal Channel and Procedure Resettlers enjoy rights and obligations which are endowed by constitution and law. The exiting laws 115

125 and codes of our nation can guarantee resettlers lawful rights are not violated. Appeal until getting it, if the lawful rights and interests are violated. 1) Appeal Channel People s letters and visits handling office for citizen (including resettlers) should be set in county, city and province of the resettlements to investigate and deal with general appeal question of resettlement; Establish all levels of local Resettlement Management setup according to the law, every level has the authority to supervise the lower level from province, city to county and can accept appeal cases in the way of resettlement; Self-governed resettlement monitoring institution works according to relevant national regulations, is responsible for maintaining resettler s lawful rights and interests. The appeal problems of the violation of the rights of resettlers can also be accepted and reflected; The illegal and orderless case relating to resettlement appeal can be accepted in the law departments such as administrative supervision, auditing, discipline inspection, judiciary and prosecutorial department. For the resettlement appeal system of the whole project, see figure ) Appeal Procedure If any resettler does not agree with resettlement plan, he/she can reflect to village committee (Residential Committee), which could consult with local resettlement office directly, or appeal to superior resettlement Office in oral or written form. After accepting the appeal, superior resettlement office shall keep records and consult with village committee and local resettlement office within 10 days. If the contradiction and dispute can not be solved with consultation, in accordance with appeal channel, village committee can appeal to administrative setups step by step such as project management office, Resettlement Management setup, resettlement monitoring institution, people s letters and visits handling office, administrative supervision, disciplinary inspection and procuratorial department) according to Administrative Procedure law of People s Republic of China. If resettlers are still not satisfactory, appeal to people s court directly. Resettlement Office is responsible for keeping records of all the appeal problems and solving process. 116

126 Figure Appeal System Figure of Project Resettlement Law department of county, city and province Project Management Office of Hunan province Discipline departments of county, city and province Office of implementation and management of project resettlement of Hunan province People s letters and visits handling Office of county, city and province Implementation and management office of project and resettlement of Chenxi County Resettlement monitoring and evaluation institution Office of implementation and management of project resettlement of township Village committee or villagers group Affected household 117

127 9. Environment Protection and Management 9.1 The Necessity of Environment Protection The environment evaluation of the main body of resettlement investment project shall include the environment affect of resettlement. The resettlement planning shall be conducted with environment evaluation together. It is necessary to demarcate the line of resettlement area and calculate the increment of population density in unit area. In agricultural project, if the number of the immigrates is larger than the original in this resettlement area, the aggravating environment problems will come along, such as deforestation, excessive depasturing, the water and soil loss and the pollution of the hygienic conditions etc.. Therefore, appropriate eased measures (including the immigrates training) shall be included in the resettlement scheme, besides other resettlement places can also be chosen. And the urban immigrates will cause the relevant problems related to the population density (such as communication capacity, drinking-water source, hygienic system and medical & healthy treatment etc..) Constructive management methods of environment can provide both good opportunities and benefits to resettlement and the residents in the resettlement area. Another resettlement sites shall be found or added if the resettlement causes an unacceptable consequence. 9.2 The Cleaning Work for Resettlement All kinds of rubbish, which are produced during the demolishment of varied buildings and their attachments in the engineering range, shall be spoiled in the appointed place by the Bureau of Environmental Hygiene Management of Chenxi County. The houses and their attachments in the engineering range shall be demolished; their walls shall be torn down and leveled. And the interior pollution source in the engineering range shall be removed and disinfected. The existing wastewater of industrial enterprises in the engineering range shall be drained according to specifications. Poisonous slag shall be delivered to the appointed place and buried. And the stock house for stocking the chemical material shall be treated by poison elimination and neutralisation, so that the soil can meet the hygiene standard. 9.3 The Environment Management of the Resettlement Area The environment protection shall be fully considered during the designing and construction of resettlement area with the principles of beautifying and comfort. 1) Level the land of the cutting faces when excavating the new soil, and set up drainage ditches on the cutting faces when necessary to reduce the water scouring to the cutting faces; the waste area shall be forested as soon as possible so as to avoid the water and soil loss; houses and public facilities shall be constructed with the least damage to the forestry vegetation; and trees 118

128 shall be planted on both sides along the roads. 2) Do a good job of the new houses cleaning: Renovate the environment and spray pesticide before the resettlers move in, and clean the weed and wastewater container or other things both in front and back of the house after settling in. 3) Choose a healthy and clean water source: set up a solid reservoir if is took the spring as the water source, such pollution source as toilet, filter pit, manure pit, livestock barn, waste pit, rubbish pit and waste slag pit etc. are not allowed to be set up in the area 20-30m around the water source. 119

129 10. Monitoring and Evaluation 10.1 Internal Monitoring and Examination Organization of Internal Monitoring In this project, the PMO of Chenxi County is authorized as internal monitoring agency, this agency shall be appointed a special leader to be responsible for the relevant problems of resettlement. The leader shall be experienced in resettlement and authorized to coordinate with the relevant departments in the resettlement. And the agency shall be appointed enough personnel, and the personnel shall be qualified for experiences of resettlement work and social problems, so as to carry out the right responsibilities The Objective of Internal Monitoring The objective of internal monitoring is to maintain the good function of resettlement agencies at all ranks during the project implementation process, and coordinate and cooperate with each unit in order to grasp resettlement implementation timely The Content of Internal Monitoring 1) The relocation, allocation of housing locations and housing reconstructions; 2) The implementing schedule and quality of development project of resettlers production; 3) The investigation, coordination and proposals for the main problems existing in resettlement and implementing agencies during the implementing process; 4) The family income recovery after relocation; 5) The rehabilitation of easily affected group; 6) The payment and using of the resettlement compensation and the situation of fund in place; 7) Resettlement participations and consultation in the implementing period; 8) The resettlers training and effects; 9) Agencies, training, working timetable and efficiency of local resettlement implementing agencies The Responsibilities of Internal Monitoring 1) Cooperate with resettlement implementation agencies, departments in charge and external monitoring units. 2) Work out corresponding tables according to monitoring content, and ask the implementing units to fill in and submit the tables to Department in charge and municipal PMO; 3) The monitoring personnel shall check and investigate on the site once a month, and they shall participate in the acceptance of completion of the resettlement engineering once a month. 4) Supervise the implementation of the annual work plan, fund using; the annual fund shall be 120

130 audited by provincial department in charge of resettlement; 5) Submit the working schedule report in July every year; 6) Report the implementation situation to Provincial PMO at fixed time, and coordinate with the departments in charge according to their requirements timely External Monitoring Independent Monitoring & Evaluation Agency Retain qualified monitoring unit to be responsible for the monitoring & evaluation works of demolition and compensation. The independent monitoring shall provide total information of implementation to the PMO; at the same time it is also responsible for reporting the implementation of resettlement, existing problems and disposals. As a independent monitoring & evaluation agency, Changsha Xinghuan Water & Electricity Engineering Technology Development Co, Ltd is composed of a high quality group of people, who include 38 professional technicians (3 persons have education level of master, 11 persons are senior engineers, 17 persons are engineers and 10 persons are assistant engineers and technicians) in varied subjects ranging from resettlement planning, resettlement monitoring & evaluation, resettlement supervising, designing for water and soil conservation, environment evaluation, environment protection designing, and environment monitoring & evaluation supervising and so on. They are all experienced in designing and consultation services, as well as resettlement monitoring & evaluation and supervising. The company is authorized as the resettlement monitoring & evaluation agency in national key project of Zaoshi Reservoir project, Hunan municipal development project loaned by WB --- Changzhutan (Changsha City, Zhuzhou City and Xiangtan City) Flood Control and Scenic Road Project; the resettlement supervising & resettlement M&E agency in Hongjiadu hydraulic power station project which is the national key project and the started project of national west-east electricity transmission; the resettlement supervising agency in national key project loaned by WB of Jiangya Reservoir; the resettlement supervising & environment supervising agency in Changjiang River dike strengthening works (Hunan Section) which is national key project loaned by WB, and the supervising agency in Xiangjiang River Dayuandu Navigation Hydro & Power Pivotal Project loaned by WB also, so this company is full of experiences in resettlement supervising, resettlement monitoring & evaluation and carrying the foreign capital project. The PMO of Chenxi County plans to entrust Changsha Xinghuan Water & Electricity Engineering Technology Development Co, Ltd. as the resettlement monitoring & evaluation agency in this project. Changsha Xinghuan Water & Electricity Engineering Technology Development Co, Ltd. will establish Chenxi County Urban Flood Control monitoring & evaluation Management to fit the practical requirement and implement all the basic monitoring works under the help of PRR Implementation 121

131 Management Office, at the same time base on the survey of the affect persons living standard. The monitoring & evaluation department will be composed of 10 experts and professional technicians (a chief supervisor and 9 staffs) who are experienced in resettlement planning, resettlement implementation management and resettlement monitoring & evaluation. The detailed personnel assignments are showed in the following table Personnel of Resettlement Monitoring & Evaluation Table No. Name Title/Position 1 Qin Lin 2 Zhang Kui 3 He Tiesheng 4 5 Ouyang Xiongbiao Zhao Weihua Project Chief supervisor Chief Engineer Senior Engineer Registered Consultation Engineer Registered Supervising Engineer Senior Engineer Registered Consultation Engineer Senior Engineer Registered Consultation Engineer Senor Engineer Registered Supervising Engineer Senor Engineer Majority and Working Years Engaged resettlement 24 years in for Engaged in resettlement for 18 years Engaged in resettlement for 15 years Engaged in resettlement for 13 years Engaged in resettlement for 13 years Qualification Engaged in resettlement for so long time that is full of experiences on resettlement planning, designing, implementation, monitoring & evaluation and supervising. Managed and participated in resettlement planning, designing, implementation consultation, monitoring & evaluation and supervising works of many large and middle scale hydro and power projects. As a chief director to do the resettlement M& E works of Changzhutan Flood Control and Scenic Road Project which is Hunan municipal development project loaded by WB, the Zaoshi Reservoir project, the resettlement supervising and M&E woks of Hongjiadu hydraulic power station project, resettlement supervising works of Jiangya Reservoir project and environment supervising works of Changjiang River dike strengthening work project. Engaged in resettlement for so long time that is full of experiences on resettlement planning, designing, implementation, monitoring & evaluation and supervising. Managed and participated in resettlement planning, designing, implementation consultation, monitoring & evaluation and supervising works of many large and middle scale hydro and power projects. As a chief director to do the resettlement planning and designing works of Jiangya Reservoir project loaned by WB, and participated in the resettlement M&E works of Changzhutan Flood Control and Scenic Road Project which belong to Hunan municipal development project loaned by WB and Zaoshi Reservoir project, the resettlement supervising and M & E works of Hongjiadu hydraulic power station project which is national key project. Engaged in resettlement for so long time that is full of experiences on resettlement planning, designing, monitoring & evaluation and supervising. Managed and participated in resettlement planning, designing, monitoring & evaluation and supervising works of many large and middle scale hydro and power projects. As a chief director to do the resettlement supervising works of Xiangjiang River Dayuandu Navigation Hydro & Power Pivotal Project; and participated in the resettlement M & E works of Changzhutan Flood Control and Scenic Road Project which belong to Hunan municipal development project loaned by WB and Zaoshi Reservoir project, the resettlement supervising and M & E works of Hongjiadu hydraulic power station project which is national key project. Engaged in resettlement for so long time that is full of experiences on resettlement planning, designing, monitoring & evaluation and supervising. Managed and participated in resettlement planning, designing, monitoring & evaluation and supervising works of many large and middle scale hydro and power projects. As a chief director to do the resettlement supervising works in of Changjiang River dike strengthening project loaned by WB; and participate in the resettlement supervising works Jiangya Reservoir project loaned by WB, the resettlement M & E works of Zaoshi Reservoir project. Engaged in resettlement for so long time that is full of experiences on resettlement planning, designing, monitoring & evaluation and supervising. Managed and participated in resettlement planning, designing, monitoring & evaluation and supervising works of many 122

132 Table No. Name Title/Position 6 Fan Jianyang Personnel of Resettlement Monitoring & Evaluation Engineer 7 Ren Yu Engineer 8 Li Jianwu Engineer 9 Tang Chongliang Assistant Engineer 10 Tao Ziran Assistant Engineer Majority and Working Years Engaged in resettlement for 25 years Engaged in resettlement for 8 years Engaged in resettlement for 12 years Engaged in resettlement for 5 years Engaged in resettlement for 5 years Qualification large and middle scale hydro and power projects. Engaged in resettlement for so long time that is full of experiences on resettlement planning, designing, monitoring & evaluation and supervising. Participated in resettlement planning, designing, monitoring & evaluation and supervising works of many large and middle scale hydro and power projects. Engaged in resettlement. Participated in resettlement planning, designing, monitoring & evaluation and supervising works of many large and middle scale hydro and power projects. Engaged in resettlement for so long time that is full of experiences on resettlement planning, designing, monitoring & evaluation and supervising. Participated in resettlement planning, designing, monitoring & evaluation and supervising works of many large and middle scale hydro and power projects. Engaged in resettlement. Participated in resettlement monitoring & evaluation and supervising works of many large and middle scale hydro and power projects. Engaged in resettlement. Participated in resettlement planning, designing and monitoring & evaluation of many large and middle scale hydro and power projects The Objective of Independent Monitoring & Evaluation The Monitoring & Evaluation of resettlers is an efficient management method in resettlement project management, the objective of independent monitoring & evaluation is to judge if the objective of the resettlement is achieved by means of providing the evaluation of the resettlement works and checking all the implementation works with an eye of long term. The independent monitoring & evaluation agency shall acquaint with the resettlement activities, and give evaluation and proposes to the total process of resettlement and the recovery of the resettlers living standard, at the same time provide alarm system to engineering management department, provide the communication way for resettlement, so as to ensure the planning and implementation of resettlement, accord with the State Laws, Regulations and rules, and ensure the total project to achieve the expected objective The Content of Independent Monitoring & Evaluation The objects of IME unit are implementation effect of county resettlement, the relocation and construction of special facilities and infrastructures and resettlement fund input & using effect. 1) The Monitoring & Evaluation of Resettlement Implementation Schedule are: 1The schedule of land acquisition and the finalized situation of land for new resettlement area; 2The schedule of the housing removing and reconstruction; 3The schedule of relocation; 4The schedule of employment allocation for the labors; 5The construction schedule of public facilities, infrastructures and special projects 2) The Monitoring & Evaluation of the Payment and Using of Resettlement Funds: 123

133 1 The situation of the funds being in place; 2 The funds input and its using; 3 The evaluation of social and economic effect about the funds input. 3) The Monitoring & Evaluation of Production Resettlement 1 The planning objective of resettlement production; 2 The basic production situation before and after demolition ( including the employment situation); 3 The comparisons of main technical and economic evaluation guidelines before and after relocation, if the evaluation meets the objective, the experience and lessons shall be concluded. 4) The Monitoring & Evaluation of Relocatees Livelihood Resettlement 1The planning objective of relocatees livelihood resettlement; 2The housing condition and living surrounding before and after relocation; 3The form of income and expenditure before and after relocation 4The comparisons of main livelihood evaluation guidelines before and after relocation, evaluate the livelihood quality of the resettlement, and the experience and lessons shall be concluded The Methods of Independent Monitoring& Evaluation The IME is conducted on the basis of the investigation data provided by agencies of investigation designing and allocation implementation. The evaluation is conducted on the base of total understanding and adopted the combined method of spot-checking and quick evaluation. Choose a typical model (resettler/ village), set up corresponding evaluation guideline system according to different affective objects, and retain authorized resettlement experts to fix on the authorities of each guideline by the way of back-to-back, at the same time, take the latest livelihood quality research at home and abroad as reference, manage the guidelines by dimension treatment, analyze and calculate the investigation results, and evaluate the calculation results contrastively. 1) The Evaluation of Livelihood Standard The agency of IME shall propose and conduct basic living standard investigation before implementation of resettlement, and set up a control group according to the random samples of APs. The living standard investigation shall be repeated annually (it shall be conducted twice at least after implementation completion) so as to measure the change of APs living standard. This action is one of the methods of determining the changes of APs living standard. The investigation table of living standard consists of every guideline for production and living standard measuring, reflects the changes of production and livelihood by the developing changes of one guideline in the period before and after relocation. Whether the designing of the guideline will reflect the change of 124

134 production and living standard of resettlers truly will be showed in the base investigation, at the same time, the designing of the guideline will be changed according to the facts so as to ensure the gained information to reflect the number and quality of resettlement production and living standard clearly and truly. 2) Public Consultation The IME will participate in the public consultations held by village and township at fixed time, and evaluate the result of APs participation and the participation of APs in resettlement implementation by monitoring these consultations. At the same time, the IME will consult with APs to gain the knowledge, favorites and hopes of their livelihood, and report the information to PMO. These works shall be conducted over and over again in the period of resettlement implementation and after implementation. 3) Complaints The IME will visit the affected places at fixed time, and adopt the way of holding talks with local resettlers and APs to ask and understand the complaints, the IME will monitor the efficiency of disposal of the complains continually, and aiming at the possible changes, the IME will put forward suggestions when necessary to make the process of resettlement more effectively. 4) Other Responsibilities The IME shall provide suggestions to PMO in the periods of preparation of RP and implementation; meanwhile, it is also responsible for the monitoring of the following projects: (1) The payment and amount of the compensation; (2) The preparation and sufficiency of reallocations; (3) The housing reconstruction; (4) The APs removing; (5) Training; (6) The support to vulnerable group; (7) The reconstruction of infrastructures and special facilities; (8)The production allocation and recovery; (9) The compensation of property loss; (10) The compensation of working time loss; (11) The transition allowance; (12) The compensation of repurchase fee of property loss; (13) The timetable of above activities (it can be used at anytime); (14) The agency organization of resettlement network; (15) Collective land compensation and the resettlement incomes; 125

135 (16) The situation of labors employment and increase incomes The Procedure of Independent Monitoring & Evaluation Establish a project, and clarify the objectives, content and requirements of monitoring and evaluation; Develop detailed general outline of monitoring and evaluation; The works in early days Study the technical way and working methods of monitoring and evaluation; Develop the investigation outline and tables; Design typical resettlement trail investigation plan for monitoring system. Give an extensive investigation for the economic information of resettlers and their villages; Give a total investigation or the schedule of the relocation and the situation of the fund in place; Monitoring System Collect the information of typical resettlers at fixed time; Check the random samples. Conduct Office operation, analysis, calculation, evaluation, and make out a conclusion; Evaluation System Compile monitoring and evaluation report and submit the report to the County PMO and ADB The Period, Frequency and Standard of Monitoring & Evaluation 1) The period of monitoring: The IME working time includes the engineering construction period and the two years after the completion of the engineering. 2) The frequency of monitoring: The frequency shall be reported at least twice a year at peak period and once in other years according to the schedule of resettlement implementation and arrangement of implementation intensity, it shall provide consultation for County PMO. 3) The standard of monitoring: The investigation and sampling standard of IME: 5% of APs in land 126

136 requisition and removing; 20% of affected village in land requisition and removing. 4) The time of monitoring report: Submit the monitoring report twice at peak period (in July and December every year), and in other years submit it once in July per year The Evaluation of resettlement After the completion of the project, on the base of monitoring and evaluation, conduct an evaluation for the resettlement by means of evaluation theories and methods. The content mainly includes the evaluation of successful experience and drawing the lessons in housing removing, enterprises and institutions and land acquisition etc., the evaluation will provide referenced experience for future resettlement. After resettlement, the evaluation unit is responsible for the work of compiling evaluation outline, setting up the system of evaluation guidelines, conducting the analysis and investigation of social economy, compiling The Evaluation Report after the Resettlement Implementation of Chenxi County Urban Flood Control Project, and submitting the report to Provincial PMO and ADB. 127

137 11. Resettlement Budget 11.1 Compilation Basis and Principle of Cost Estimate Main Bases 1) Land Administration Law of the People s Republic of China (1999); 2) Methods of Hunan Province for Implementing the Land Administration Law of the People s Republic of China (2000); 3) Houses Demolition Administration Regulations of the PRC, starting implementation since November 1, 2001; 4) Methods of Hunan Province for Implementing the Urban Houses Demolition Administration Regulations, starting implementation since September 1, ) Provisional Regulations on Cultivated Land Acquisition Tax of the PRC; 6) Methods of Hunan Province for Implementing the Cultivated Land Acquisition Tax (Revision); 7) The Notice by Hunan Provincial Commodity Price Bureau and Financial Department about Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System (XJF[2003] NO.42); 8) Regulations about Land Acquisition and Resettlement for Hydraulic and Hydroelectric Engineering (SD ); 9) Relative procedures and specifications of each professional department; 10) Investigation of tangible materials index affected by the project and result of resettlement plan Compilation Principle 1) For projects of economic rehabilitation, demolition resettlement, special facilities demolition and rebuilding which are planned and designed according to the relative national policies, procedures and specifications, calculate the investment according to the design scheme and corresponding work quantity (or tangible materials amount). 2) Standards for land compensation fee and resettlement subsidies, and young crops compensation fee shall be calculated and determined according to relative regulations in Methods of Hunan Province for Implementing the Land Administration Law of the People s Republic of China; 3) Houses compensation standard shall be analyzed and determined according to typical unit price of the houses in the area affected by the project; compensation standards for auxiliary facilities, scattered trees, and demolition subsidies shall be determined comprehensively according to the compensation standards of typical design or similar project. 4) Compensation fee of the special facilities shall be determined on the basis of original scale, original standard and original function according to the actual rehabilitation situation; 128

138 11.2 Resettlement Compensation Land Compensation 1) Project Permanent Land Acquisition The land compensation, resettlement subsidies and production compensation is calculated as RMB million yuan according to the acquired land quantity of various kinds and compensation standards adopted for the project. 2) Project Temporary Land Acquisition The temporary land use in this project is 132 mu, in which there are dry farmland of 40 mu, shrubbery land of 66 mu, and wasteland of 26mu. Calculated according to the compensation standards of various temporary land uses, the temporary compensation fee of this project is RMB million yuan Compensation for Houses and Auxiliary Facilities The compensation for houses and auxiliary facilities in this project mainly include the compensation fees for residential houses, non-residential houses and the auxiliary facilities. The compensation fees for the houses and auxiliary buildings are calculated as RMB million yuan according to the demolition physical materials index and standards of compensation and subsidy Compensation for Infrastructures The compensation for infrastructures in this project mainly includes fees for the site field leveling, water drinking, illuminating in the centralized resettlement spot and scattered resettlement spots and infrastructures such as roads and so on. The demolition and resettlement is planned to be 16 persons of 4 families. The investment is totally calculated to be RMB 24,000 yuan according to the compensation standard of 1500 yuan per person Demolition Transportation Fee The transportation fee of this project mainly includes transportation fee, livelihood subsidies, temporary residential subsidies and secondary transportation fee, etc. The investment is totally calculated to be RMB 9600 yuan, according to the required demolition and resettlement of 16 persons of 4 families Compensation for Individuals Engaged in Small-scale Business The demolition compensation for self-employed commercial booth is counted in the compensation part for houses and auxiliary buildings. The loss compensation for business stop is calculated as RMB 11,100 yuan according to the booth business area of required demolition by 15 Yuan/m 2 per month (business stop period is calculated as 3 months); for the comprehensive transportation and incidental expenses, the compensation investment is calculated as RMB 400 yuan according to 200 yuan/ family. The total of the compensation for individuals engaged in small-scale business is RMB 129

139 11,500 yuan Subsidies for Vulnerable Group The subsidies for vulnerable group in this project is calculated as 1% of the land acquisition compensation and the compensation for houses and auxiliary facilities, the investment is RMB 11,100 yuan, and mainly used for offering various kinds of help or livelihood support fees for the vulnerable group affected by the project Resettlement Compensation Investment The resettlement compensation investment of this project is the sum of Item ~Item , totally calculated as RMB million yuan. See Table for details. 130

140 Budget for Resettlement Compensation Investment of Chenxi County Urban Flood Control Project Table Item Sub-item Sub-sub-item Unit Quantity Unit Price Investment (Yuan) (10,000 Yuan) Remarks I. Land Compensation (I). Permanent Land Acquisition Collectively owned land mu Cultivated Land mu Paddy Field mu Dry Farmland mu Garden Land mu Housing plot of Villager mu Unused Land mu (II). Temporary Land Use mu Dry Farmland mu Including cultivated land reclamation fee Shrubbery Land mu II. Compensation for Houses and Auxiliary Facilities (I). Residential Houses m Rural Residential Houses m Brick Concrete m Brick Wood m Wood House m Simple Structure m (II). Non-residential Houses m Brick Wood m Simple Structure m (III). Auxiliary Facilities

141 Budget for Resettlement Compensation Investment of Chenxi County Urban Flood Control Project Table Item Sub-item Sub-sub-item Unit Quantity Unit Price Investment (Yuan) (10,000 Yuan) Remarks Cement Sunny Ground m Walls m Cement Pond m Telephone Piece CATV Household III. Compensation for Infrastructure 2.4 Site leveling, drinking and illuminating Person IV. Demolition Transportation Fee Material Demolition Fee Person Livelihood Subsidies Person Temporary Residential Subsidies Person Secondary DemolitionFee Person V. Compensation for Individuals Engaged in Small-scale Business Business Stop Loss m 2 month In principle, calculated as production and business stop of 3months 2.Comprehensive Transportation Incidental Expenses Family VI. Vulnerable Group Subsidies 1.11 Calculated as 1% of the land acquisition compensation and compensation for houses and auxiliary facilities Total

142 11.3 Compensation for Special Facilities Because the relative professional departments of the special facilities affected by this project have not put forward the detailed resettlement plan at present, the rebuilding compensation investment in this budget is calculated according to the quantities actually affected by the project. Only the traffic facilities are affected by the project: mainly including compensation for mechanical farm road (Cement pavement), minor bridge, and other traffic facilities, and the total of investment is RMB 38,000 yuan. See table for details of the compensation investment of the special facilities. Compensation Investment Budget for Special Facilities Affected by Land Acquisition and Demolition of Chenxi County Urban Flood Control Project Table Item Unit Unit Price (Yuan) Quantity Investment (10,000 Yuan) Remarks 1. Traffic Facilities Mechanical Farm Road (cement) m Minor bridge Seat Total Other Costs 1) Cost for survey, design and scientific research: The cost of required survey, layout, design and scientific research for land acquisition and resettlement design, is calculated to be RMB million yuan as 3% of the sum of the cost for resettlement compensation and compensation investment for special facilities. 2) Implementation Management Cost: Including the routine management cost for resettlement implementation institution, such as salary, official business and evection, etc., it is calculated to be RMB million yuan as 3% of the sum of cost for resettlement compensation and compensation investment for special facilities. 3) Implementation Institution Preliminary Cost: Including cost for official rooms, vehicles and equipment purchases and other required costs for the starting and operation of the resettlement implementation institution, which is calculated to be RMB million yuan; 4) Technical Training Cost: Required cost for enhancing the production skills and cultural accomplishment of the rural resettler and the management level of resettler cadres. The cost is calculated to be RMB 5800 yuan as 0.5% of resettlement compensation investment; 5) Supervision and M&E Cost: Cost for resettlement comprehensive supervision, monitoring and 133

143 evaluation. The cost is calculated to be RMB million yuan as 1.5% of the sum of the cost for rural resettlement compensation and compensation investment for special facilities. The above-mentioned other costs are calculated to be RMB million yuan in total Basic Contingency Fee The basic contingency fee is calculated to be RMB million yuan as 10% of the investment sum of resettlement compensation, special facilities compensation and other costs Relative Tax 1) Cultivated land acquisition tax: According to the statistical material of Chenxi County in 2003, the cultivated land area per person of agricultural population in the project area is 0.82 mu. According to Methods of Hunan Province for Implementing the Cultivated Land Acquisition Tax, for areas where the cultivated land area per person is 0.5 mu ~ 1 mu, the tax standard for paddy field, dry farmland and garden field is 4~8 yuan/ m 2, 4 yuan/m 2 is adopted here. The cultivated land acquisition tax is totally calculated to be RMB million yuan in this project. 2) Cultivation Fee for Cultivated Land: According to the XJF [2003] NO.42 Document issued by Hunan Provincial Commodity Bureau and Financial Department, Chenxi County belongs to Grade III Area, and the cultivation fee standard for cultivated land is: 10,000 yuan/mu for paddy field and 6,000 yuan/mu for dry farmland. According to the relative regulations in documents of Ministry of National Land Resources, State Economic and Trade Committee and Ministry of Water Resources The Notice about Relative Problems of Land Acquisition for Hydraulic and Hydroelectric Project Engineering (GTZF [2001] NO.355), for the cultivated land acquisition of project which is mainly for flood control, water supply (including irrigation) profits, the cultivation fee can be charged as 70% of the floor level of cultivation fee of cultivated land regulated by people s government of each province. Hereby, the cultivation fee standard for cultivated land is determined as 7000 yuan/mu for paddy field and 4200 yuan/mu for dry farmland. The cultivation fee for cultivated land is calculated to be RMB million yuan in total. The above-mentioned tax is calculated to be RMB million yuan in total. See Table for details. 134

144 Calculation Table for Relative Tax of Land Acquisition in Chenxi County Urban Flood Control Project Table Item Unit Unit Price (Yuan) Quantity Amount (10,000 Yuan) Remarks I. Cultivated Land Acquisition Tax Cultivated Land m Paddy Field m Dry Farmland m Pond m II. Cultivation Fee for Cultivated Land Paddy Field mu Dry Farmland mu Total Budget for Total Investment The total budget of compensation investment for land acquisition, demolition and resettlement in this project is RMB million yuan (the total investment is RMB million yuan excluding the relative tax) and will be entirely listed into the total budget of the project and borne by the construction unit of the project. See Table for the total budget of compensation investment for details. Table Total Budget Table of Compensation Investment for Land Acquisition Demolition in Chenxi County Urban Flood Control Project Item Sub-item Investment (10,000 Yuan) I. Resettlement Compensation Fee Land Compensation Compensation for Houses and Auxiliary Facilities Compensation for Infrastructures Demolition Transportation Fee Compensation for Self-employed Industrial Enterprises Subsidies for Vulnerable Group 1.11 II. Compensation for Special Facilities Compensation for Traffic Facilities 3.80 III. Other Costs Cost for Survey, Design and Scientific Research Implementation Management Cost Implementation Institution 4.49 Remarks 3% of the sum of Item I and II 3% of the sum of Item I and II 135

145 Table Total Budget Table of Compensation Investment for Land Acquisition Demolition in Chenxi County Urban Flood Control Project Item Sub-item Investment (10,000 Yuan) Remarks Preliminary Cost 4. Technical Training Cost % of Item I 5. M&E Cost % of the sum of Item I and II IV. Basic Contingency Fee % of the sum of Item I to Item III V. Total Investment (excluding tax) VI. Relative Tax Cultivated Land Occupancy Tax Cultivation Fee for Cultivated Land VII. Total Investment (including tax) Funds Flow All the compensation funds for land acquisition and demolishment will come from the counterpart funds of local governments. The compensation funds shall be paid and used according to the compensation policies and standards determined in the resettlement activity plan. The funds shall be appropriated under the supervision and management of the interior monitoring institution and checked by the exterior monitoring institution. Chenxi County Project Office signs Contract Agreement of Resettlement Task Investment in Chenxi County Urban Flood Control Project with County Project Resettlement Office, and pays Municipal Resettlement Office in terms according to resettlement implementation progress. County Project Resettlement Office then appropriates in classifications according to construction projects: 1) Land Acquisition: The County Project Resettlement Office signs Agreement of Land Acquisition Compensation and Attachments on Field with townships and villager committees affected by the project. The payment of compensation funds shall be paid to the township resettlement Office by County Project Resettlement Office through banks according to the compensation items, quantity, time and expenses regulated in Agreement of Land Acquisition Compensation. Then the township resettlement office pays the villager committee or villager s group. The relative villager committee uses the land compensation fee for developing the production. The resettlement subsidies shall be paid to the rural collectivity. Then the rural collectivity will pay the resettlement subsidies to institutions or individuals according to resettlement scheme. Compensation fee for the attachments on field will be paid to the owner through the villager committee. 136

146 2) Residential Houses: County Project Resettlement Office signs Agreement of Demolition Compensation for Project Resettlement Families with the involved and affected demolition resettlement families according to the contents of basic situation, compensation amount, subsidies, payment method, time limit and demolition time limit, etc. of the affected houses. The compensation fund is appropriated directly to the affected families by County Project Resettlement Office. 3) Non-residential Houses: County Project Resettlement Office signs agreements with the resettler on the contents of compensation standard, resettlement mode and demolition time limit, etc. The compensation fund is appropriated directly to the resettler by Municipal Project Resettlement Office. 4) Compensation Fee for Public Infrastructure: County Project Resettlement Office signs Agreement of Compensation for Public Infrastructure with the township, villager committee or Contract of Resettlement Project Construction with the construction institution directly. The compensation fund shall be paid to the relative townships, villager s groups and contractor institutions according to the contract agreement. 5) Special Facilities: County Project Resettlement Office signs Agreement of Compensation for Rehabilitation and Rebuilding of Special Facilities with each special department. Compensation investment for rehabilitation and rebuilding of the special facilities is paid to each functional department by County Project Resettlement Office through banks. See Fig for Funds Flow Chart of Project Resettlement Compensation Funds Management and Audit Project demolition department submits the demolition budget to ADB Loans Project Management Office according to the annual project demolition progress and funds plan. ADB Loans Project Management Office will appropriate funds for each item after approval. In the progress of funds using, the project demolition department shall strictly comply with Regulations for State Funds Management and Audit. The funds operation shall be checked grade by grade, that is checked by Principle of Demolition Department- Principle of ADB Loans Project Management Office - Financial Department of ADB Loans Project Management Office. Financial Department appropriates the funds to Demolition Department according to the checked budget and the principal s written instruction, after determining that it is in accordance with the standard in this report and the data are correct. ADB Loans Project Management Office will process the appraisal and audit in the mid-term of this project, completely examine the use situation of the resettlement funds and adjust the budget according to the actual situation. 137

147 Land Compensation County Project Office County Project Resettlement Office Township Project Resettlement Office Villager Committee or Villager s Group Resettlement Subsidies County Project Office County Project Resettlement Office Township Project Resettlement Office Villager Committee or Villager s Group Young Crops Compensation County Project Office County Project Resettlement Office Township Project Resettlement Office Villager Committee Resettlement Family Compensation for Residential Houses and Auxiliary Facilities County Project Office County Project Resettlement Office Township Project Resettlement Office Resettler Family Demolition Subsidies County Project Office County Project Resettlement Office Township Project Resettlement Office Resettler families or relative institutions Compensation for Infrastructure County Project Office County Project Resettlement Office Construction Unit Compensation for Resettlement Non-residential Production and Business Stop Loss Non-residential Demolition Subsidies County Project Office County Project Office County Project Resettlement Office County Project Resettlement Office Resettler Resettler Compensation for Special Facilities County Project Office County Project Resettlement Office Principal Department for Special Facilities Construction Unit Subsidies for Vulnerable Group County Project Office County Project Resettlement Office Township Project Resettlement Office Vulnerable Group Plan and Design Cost County Project Office Resettlement Design Institution M&E Cost County Project Office M&E Institution Technical Training Cost County Project Office Technical Training Institution Implementation Management Cost County Project Office Resettlement Implementation Institution of each grade Fig Funds Flow Figure of Resettlement Compensation in Chenxi County Urban Flood Control Project 138

148 12. Resettlement Implementation Progress Plan The schedule of resettlement progress arrangement should be worked out in terms of the construction content, works quantity, time limit, resettlement objects and modes, and other factors Principles of Resettlement Progress Arrangement 1) Land acquisition and demolition activities, in accordance with the characteristics of agricultural production, should be arranged in slack season to reduce impact on agricultural production. 2) Dismounting of houses would be carried out step by step, but should be finished before the commencement of each contract section. 3) Notify emigrants of houses demolition at least 3 months ahead of time, and give them at least 2 months to construct new houses from the notified date to the ultimate time limit of dismounting. Those affected people may live in their former houses until completion of the new ones. 4) House constructing time should be arranged according to schedule of project, and could be prolonged if needed. 5) To reduce impact on emigrants livelihood, the public and infrastructure facilities should be completed at least 20 days before constructing houses for resettlement. 6) To lessen the effect on reconstructed special facilities, its reconstruction should be arranged in phase of completing each contract section. 7) Emigrants training should be carried out four times in slack season with each time lasting 5 days, and start respectively when agricultural economic rehabilitation goes through its 1/3 course and at its ending Progress Plan Resettlement Implementation Progress Plan According to the Construction Organization Design of project, only when land acquisition and demolition are completed ahead of time can the execution of project be ensured as scheduled. The resettlement implementation progress plan is shown in appendix Table Annual Funds Use Plan The annual investment plan of each resettlement compensation expenditure is worked out on the basis of resettlement progress arrangement. The annual funds use plan is established as follows: for the first year, RMB million, for the second year, RMB million, and for the third year, RMB million, accounting for 29.49%, 59.55% and 10.96% of the total investment respectively. For more details, see Table

149 Step-by-Step Investment Plan Table Table Item Sub-item Total Investment 1 st Year 2 nd Year 3 rd Year (thousand) (thousand) (thousand) (thousand) 1.Resettlement compensation expenditure Land compensation Houses and accessorial facilities compensation Infrastructure facilities compensation Moving & transportation fee Compensation for individuals engaged in small business Vulnerable group compensation Special facilities compensation Transportation facilities compensation Other charges Reconnaissance, design & research charge Management charge Charge for executive organs running Technical training charge Charge for monitoring, measuring and evaluation Basic reserve charge Total investment (excluding tax & fee) Relevant tax & fee Tax for field occupation fee for field reclamation Total investment (including tax & fee)

150 Appendix 1: Resettlement Information Manual 1. Project Background The areas in Hunan Province, which are brought into this urban flood control project, are limited to the cities above county grade in hilly sections with relatively serious flood disaster. All the cities are considered as the areas with developed economy, dense population and centralized wealth. If the cities are submerged, the loss will be great, and the economic development will be supportless. At present, the urban flood control standard in the project area is low. Flood disaster happens in successive years, seriously restricts the urban economic development and affects the live and property safety of urban people. For Chenxi County, as the sub-project city of the urban flood control project under ADB loans, its flood and waterlogging control capacity can be absolutely improved through the project implementation. The flood control standard will be enhanced from the current 3-10-year occurrence to 20-year occurrence; and the waterlogging control will be enhanced from the current 3-year occurrence to 10-year occurrence. That can greatly reduce the urban flood control burden of Chenxi County and benefit the normal social development. The main engineering measures involved in land acquisition and relocation of Chenxi County Urban Flood Control Project are: reinforcing and new-building of embankment, re-new, reconstruction and new-building of culvert sluices and power allocation station, and there also is temporary land acquisition as project construction site and borrow area, etc. The NoRevert areas in the project land acquisition, with the residents production and living seriously affected by the project construction, are considered as the affected range of the project land acquisition and relocation. The final land acquisition and relocation range may be partially adjusted with the deepening of the designed depth. 2. Project Affected Area and Quantity According to the investigation, the project land acquisition and demolition only affect three villages (Residential Committee) and nine villager s groups of Chengjiao Township, Chenxi County. In which, there are project permanent various land acquisition of mu (including cultivated land area of mu, occupying 93.8%); project temporary land acquisition of 132 mu (including dry farmland of 40 mu, shrubbery forest land of 60 mu, and wasteland of 26 mu); project relocated residential and non-residential houses of m 2 (including brick concrete structure of m 2, occupying32.9%, brick wood structure of m 2, occupying 32.6%, wood structure of m 2, occupying 21.21%, simple structure of m 2, occupying 13.3%). The number of resettlement families affected by relocation is four households. 141

151 3. Resettlement Plan The project resettlement plan is organized and guided by Key Project Office of Water Resources Department of Hunan Province and the local People s Governments of various grades; and is compiled by the technical assistance professionals according to particular affection investigation, on the basis of sufficiently soliciting the villagers opinions. To execute the principle of Resettlement for Development, adopt the rehabilitation strategy of: basing on the land and agriculture for the resettlement plan. Through re-adjusting and developing the big-shed vegetable and stockbreeding, the resettlement plan offers the production basis for short-term livelihood guarantee and long-term developing potential, which will combine the resettlement, rehabilitation and the regional economic development brought by this project, and make the resettlers livelihood reach or surpass the living level before resettlement. 4. Policy Bases and Objectives of Resettlement Plan 4.1 Policy Bases a) Land Administration Law of the People s Republic of China (NO.8 Decree by Chairman of the PRC issued on August 29, 1998, starting implementation since January 1, 1999) b) Implementation Regulations for the Land Administration Law of the People s Republic of China (NO. 256 Decree by the State Council of the PRC issued on December 27, 1998, starting implementation since January 1, 1999) c) Houses Demolition Administration Regulations of the PRC (NO. 305 Decree by the State Council of the PRC issued on June 13, 2001, starting implementation since November 1, 2001) d) Methods of Hunan Province for Implementing the Land Administration Law of the People s Republic of China (approved by 14 th congress of the Standing Committee of 9 th People's Congress Council of Hunan Province on March 31, 2000) e) A Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (The GF [2004] No.28 issued by the State Council on October 21, 2004) f) A Directive about Perfecting the Compensation Resettlement System for Land Requisition (The GTZF [2004] No.238 issued on November 3, 2004) g) Methods of Hunan Province for Implementing the Urban Houses Demolition Administration Regulations (NO. 157 Decree by the People s Government of Hunan Province issued on July 12, 2002, starting implementation since September 1, 2002) h) Resettlement Policy by ADB: Resettlement Manual Feasible Practice Guide 4.2 Policy Objectives 1) Avoid or reduce to the minimum the physical material quantity of land acquisition relocation and 142

152 resettlement by adopting measures of engineering, technique and economy, etc.; when the land acquisition is unavoidable, effective measures shall be adopted to best reduce the affection caused by the land acquisition relocation to the production and livelihood of local residents. 2) In the preparation period of this project, process the social economic investigation and compile corresponding resettlement plan; 3) Resettlement shall be on the basis of relocation tangible material indexes and compensation standards, to aim at improving or at least recovering the original living level of the resettlers; 4) Advocate resettlement of development. The rural resettlement shall adopt the policy of: making the land as the basis, depending on the secondary and tertiary industries of the local area to widen the employment access; 5) Encourage the affected personnel to participate in the resettlement plan; 6) The resettlers shall be considered in priority to be resettled in the original community; 7) The resettlers and original residents in the resettlement area will get benefit from the project. 4.3 Compensation Standards See Table 1 for compensation standards of affected types of Chenxi County urban flood control project 143

153 Affection Types Residential Houses and Auxiliary Facilities Permanent Land Acquisition Temporary Land Special Facilities Table 1 Compensation Standards for Various Affection in Chenxi County Urban Flood Control Project Affected Object Property Owner Collective Land Contractor Property Owner Rural non-residential houses Rural residential Houses Auxiliary Facilities Compensation for Infrastructures Demolition Compensation Standard (Yuan/Unit) Compensation Item Standard (Amplitude) Brick wood structure 245 Yuan/m 2 (220~270) Simple structure 50 Yuan /m 2 Brick concrete structure 327 Yuan /m 2 (295~360) Brick wood stricture 245 Yuan/m 2 (220~270) Wood structure 195Yuan/m 2 (175~215) Simple structure 50 Yuan /m 2 Wall 15Yuan /m 2 Cement pond 80Yuan /m 2 Cement sunny field 12 Yuan /m 2 Telephone resettlement CA TV resettlement Site leveling, drinking and illuminating Demolition fee Livelihood subsidies Subsidies Temporary residence subsidies Secondary Demolition fee Paddy Field Dry Farmland Garden Field Housing Plots of Villagers Not Used Land 200 Yuan /Piece 150 Yuan /Household 1800 Yuan /Person 100 Yuan / Person 100 Yuan / Person 300 Yuan / Person 100 Yuan / Person Yuan / mu 9450 Yuan / mu Yuan / mu Yuan / mu 1025 Yuan / mu Dry Farmland 4850 Shrubbery Forest Land 882 Wasteland No compensation Mechanical Farm Road (concrete surface) 40 Yuan / m 2 Mechanical Farm Bridge Yuan /set 4.4 Payment of Compensation Fee 1) The relocation compensation for land acquisition and other costs will be paid to the affected collectivities and individuals by the Project Office through the county s resettlement office; 2) Compensation for houses will be paid before the resettlers start building; in case of paying in installment, the final expense shall be paid before the building completion; 3) The compensation for land and other facilities shall be paid to the relevant communities and individuals before land acquisition. 144

154 4.5 Rehabilitation Strategy For the land acquisition influence, the economic rehabilitation will be processed on the basis of the rehabilitation schemes in the village area such as land adjustment; or the compensation fee can be directly paid to the affected individuals to develop green house vegetables and animal husbandry. For the relocated families, they will get resettlement in existing village groups or resettlement of centralized property right exchange and cash compensation. 5. Responsible Institution for Resettlement To ensure the successful and effective implementation of the resettlement plan, institution net-work will be set in government of various grades to benefit for being responsible for planning, coordinating, implementing and monitoring the resettlement activities. The institutions set or involved in the land acquisition and relocation of this project are: 1) Provincial Project Resettlement Leading Group 2) Provincial Project Resettlement Office 3) Municipal Project Resettlement Leading Group 4) Municipal Project Resettlement Office 5) Township (Sub-district) Resettlement Office 6) Village Committee or Residential Committee 7) External Individual M&E Institution 6. Appeal Disposal The resettlement plan is considered for the affected area of the overall project and generally planned for the resettlement scheme. In the implementation, it may arouse the resettlers complaints because of the changing of the actual situation and the deviations in operation. To effectively resolve these problems for successfully implementing the project construction and land acquisition, the open and effective appeal channel has been established. 1) Appeal Channel Offices for citizens complaint letter and visit (including resettlement), which can receive, investigate and process the common appeal problems of resettlers appealing to higher authorities for help, are established in the county (city), city and province of the resettlers. The Resettlement Management institutions which are set up according to the laws, have the grade-to-grade authority, from the province, city to county, to supervise the subordinate for whether processing the resettlement according to the laws; can process the appeal affairs of the resettlement. Independent Resettlement M&E Institution supervises the resettlement implementation according 145

155 to the relative national regulations and is responsible for protecting the legal right and benefit of the resettlers; and can process and reflect to the relevant department the appeal problems of right injuria for the resettlers; Jural departments of administration supervision, audit, disciplinary inspection, judicial administration, inspection are established in various grades of State, province, city and county. They can process the cases about irregularity and principle violation appealed by the resettlers. 2) Appeal Procedures If the resettlers are not satisfied with the resettlement, they can reflect to the village (residential) committee, who can consult directly with the local resettlement office for settlement, or can appeal to the superior resettlement office in oral or written form. After receiving the appeal, the superior resettlement office will take that on record, research and resolve the problem with the village committee and local resettlement office within 10 days. In case of encountering with confliction and dispute which cannot be resolved by consultation, the villager committee can appeal to the administration institutions (such as the project office, Resettlement Management institutions, resettlement monitoring institutions, office for citizens complaint letter and visit, administration inspection and disciplinary inspection, etc.) with domination authority grade by grade in appeal channel according to Administration Appeal Law of the PRC. In case of refusing to accept as final, the committee can appeal to People s Court directly. The resettlement office shall be responsible for keeping all the appeal problems and resolving courses on the file. 146

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