Hunan Flood Management Sector Project: Final …...GSDS Certificate Grade A No.180105-sj GSDK Certificate Grade A No.180105-kj GZ Certificate Grade A No. 1032523001 S B Z Certificate

Resettlement Planning Document

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.

Document Stage: Final Project Number: 37641 July 2010

L2244-PRC: Hunan Flood Management Sector Project

Final Resettlement Plan for Liling City (English)

Prepared by the Hunan Provincial Government.

GSDS Certificate Grade A No.180105-sj GSDK Certificate Grade A No.180105-kj GZ Certificate Grade A No. 1032523001 S B Z Certificate Grade A No. 0 2 7

Hunan Province Liling City

Urban Flood Control Project Utilizing ADB Loans

Resettlement Plan

Hunan Provincial PMO of Urban Flood Control Project in Hilly Region Utilizing ADB Loans

Liling City PMO of Urban Flood Control Project Utilizing ADB Loans Hunan Hydro and Power Design Institute

June, 2009

Liling City Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Approved by : Xiao Wenhui Ratified by: Zhang Kejian

Examined by: Xie Dahu Checked by: Liu Yiwei Compiled by: Tan Lu

Main Designers: Zhang Tao Guan Yaohui Zhao Gengqiang

Tan Lu Xu Renjun Yin Yanhong He Jiqiang Huang Bichen


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Contents

Objectives of Resettlement Plan & Definition of Resettlement Vocabulary Error! Bookmark not defined. Summary of Resettlement Plan for Liling Urban flood control Subproject ............................................3 1. General Description of Project................................................................................................................7

1.1 Project Background ......................................................................................................................................................7

1.2 General Situation of Project ..........................................................................................................................................8

1.2.1 Areal Geography Location.....................................................................................................................................8

1.2.2 Contents and Scale of Project Construction..........................................................................................................8

1.3 Affected Scope of Project .............................................................................................................................................9

1.4 Compilation of Resettlement Plan...............................................................................................................................10

1.4.1 Basis and Objective for Report Compilation........................................................................................................10

1.4.2 Method of Report Compilation.............................................................................................................................10

2. Project Impacts ......................................................................................................................................12 2.1 Measures for Avoiding or Reducing to the Minimum the Land Acquisition and Relocation Impacts...........................12

2.1.1 Measures for Reducing the Land Acquisition Impacts in Project Design Phase .................................................12

2.1.2 Measures for Reducing the Impact due to Land Acquisition in Project Construction ..........................................14

2.2 Investigation on Project Impacts.................................................................................................................................15

2.2.1 Investigation Contents.........................................................................................................................................15

2.2.2 Investigation Method ...........................................................................................................................................15

2.3 Investigation Results on Project Impacts ....................................................................................................................15

2.3.1 Land Affected by Project .....................................................................................................................................17

2.3.2 Affected Population Due to Project......................................................................................................................20

2.3.3 Houses and Auxiliary Facilities to be Demolished...............................................................................................24

2.3.4 Affected Enterprises and Institutions ...................................................................................................................26

2.3.5 Affected Special Facilities by the Project.............................................................................................................26

2.3.6 Affected Cultural Relics and Vulnerable Groups Due to Project..........................................................................29

2.4 Impact Analysis of Project...........................................................................................................................................30

2.4.1 Project Impact Characteristics.............................................................................................................................30

2.4.2 Impact Analysis Evaluation..................................................................................................................................30

3. Natural and Socio-Economic Conditions of the Project-Affected Areas...........................................32 3.1 Natural Conditions of the Project-Affected Areas .......................................................................................................32 3.2 Socio-Economic Conditions in the Affected Areas of Project......................................................................................33

3.3 Socio-Economic Conditions of Townships (Sub-districts) and Villages in the Affected Areas of the Project ..............33 3.4 Basic Conditions of Relocatees ..................................................................................................................................39

3.4.1 Investigation Objectives ......................................................................................................................................39

3.4.2 Investigation Content...........................................................................................................................................39

3.4.3 Investigation Method and Procedure...................................................................................................................39


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3.4.4 Investigation Results and Analysis ......................................................................................................................40

3.5 Social and Economic Effects for Resettlement to the Affected Population .................................................................44

4. Legal Framework and Policy.................................................................................................................46 4.1Main Chinese Laws & Regulations and Policies for Resettlement ..............................................................................46

4.1.1 Policy Bases........................................................................................................................................................46 4.1.2 Relevant Laws and Regulations..........................................................................................................................47

4.2 Relevant Articles of the ADB.......................................................................................................................................55 4.2.1 Policy Bases........................................................................................................................................................55 4.2.2 Relevant Policies and Regulations......................................................................................................................55

4.3 Compensation Standards for Project..........................................................................................................................56 4.3.1 Compensation Qualification ................................................................................................................................56 4.3.2 Principles of Compensation Rehabilitation..........................................................................................................56 4.3.3 Compensation Reference and Standard for Land Acquisition.............................................................................58 4.3.4 The Relocation Compensation Reference and Standards for Residential House and Auxiliaries.......................61 4.3.5 Compensation Reference and Standard of Affected Enterprises and Institution.................................................65 4.3.6 Compensation Reference and Standard of Special Facilities Affected by the Project ........................................66

4.4 TABLE OF ENTITLEMENT MATRIX ....................................................................................................................................73

5. Resettlement and Rehabilitation Measures .........................................................................................78 5.1 Resettlement Objectives.............................................................................................................................................78

5.1.1 General Objectives..............................................................................................................................................78 5.1.2 Resettlement Tasks .............................................................................................................................................78 5.1.3 Affected Population Due to the Temporary Land Acquisition...............................................................................82

5.2 General Strategy of Rehabilitation..............................................................................................................................82 5.3 House Relocation .......................................................................................................................................................82

5.3.1 Choice of Rehabilitation Method .........................................................................................................................82 5.3.2 Principle and Procedure for Selecting Resettlement Sites..................................................................................82 5.3.3 Planning of Demolition and Housing ...................................................................................................................83 5.3.4 Infrastructure and Public Facilities ......................................................................................................................85 5.3.5 Assistance in Resettlement .................................................................................................................................85

5.4 Livelihood Rehabilitation of Resettlers........................................................................................................................85 5.4.1 Environmental Capacity Analysis.............................................................................................................................85

5.4.2 Economic Rehabilitation Standard ......................................................................................................................86 5.4.3 Economic Rehabilitation Planning.......................................................................................................................86 5.4.4 Investment of Economic Rehabilitation ...............................................................................................................88 5.4.5 Balance between Resettlement Budget and Production Investment...................................................................88 5.4.6 Rehabilitation Measures for Resettlers’ Economic Income .................................................................................89

5.5 Rehabilitation Planning for Resettlers of Resettlement Villages .................................................................................89 5.5.1 Xishan Village of Xishan Sub-district...................................................................................................................89 5.5.2 Yangdong Village of Yangsanshi Sub-district ......................................................................................................90


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5.5.3 Qishi Village of Yangsanshi Sub-district ..............................................................................................................91

5.6 Rehabilitation Plan for Affected Enterprises and Institutions ......................................................................................91 5.7 Planning of Relocation and Reconstruction Special Facilities ....................................................................................92

5.7.1 Transport Facilities ..............................................................................................................................................92

5.7.2 Transformer Facilities ..........................................................................................................................................92

5.7.3 Water Resources Facilities..................................................................................................................................92

5.7.4 Telecom Lines .....................................................................................................................................................92

5.7.5 Broadcasting Facilities ........................................................................................................................................92

5.8 Vulnerable Groups Resettlement and Rehabilitation ..................................................................................................92

6. Institution and Responsibilities............................................................................................................94 6.1 Resettlement Engaging in the Resettlement Planning ...............................................................................................94 6.2 Institutions and Responsibilities of Resettlement Implementation Management ........................................................94

6.2.1 Institutions ...........................................................................................................................................................94 6.2.2 Responsibilities ...................................................................................................................................................94

6.3 Supervision Institutions...............................................................................................................................................97 6.4 Resettlement Management System............................................................................................................................97 6.5 Personnel and Facilities of Resettlement Institution ...................................................................................................98

6.5.1 Personnel Arrangement.......................................................................................................................................98 6.5.2 Facilities ..............................................................................................................................................................98

6.6 Training Plan...............................................................................................................................................................99 6.6.1Resettlement Administrator Training Plan ............................................................................................................99 6.6.2 Production Skills Training for Resettlers..............................................................................................................99 6.6.3 Investment on Resettlement Training and Planning..........................................................................................100

6.7 Measures for Institution Consummating ...................................................................................................................100

7. Public Participation and Harmonization with Residents in Resettlement Area ..............................103 7.1 Public Participation Strategies ..................................................................................................................................103

7.2 Approaches and Measures of Public Participation....................................................................................................103

7.2.1 Participation Approaches...................................................................................................................................103

7.2.2 Participation and Consultation Measures..........................................................................................................103

7.3 Public Participation in the Compilation of Resettlement Planning Report.................................................................103 7.4 Public Participation and Plan in Implementation of Resettlement Plan ....................................................................106

7.4.1 Participation in the Houses Rebuilding and Resettlement.................................................................................106 7.4.2 Participation in Production Resettlement ..........................................................................................................107

7.4.3 Participation in the Usage and Management of Land Compensation Fee ........................................................107

7.4.4 Participation in Project Construction .................................................................................................................107

7.5 Women Participation.................................................................................................................................................107 7.6 Harmonization with the Residents in Resettlement Area..........................................................................................107

8. Appeal Procedure ................................................................................................................................109 8.1 POSSIBLE COMPLAINT AND PROBLEMS SOLVING METHODS...........................................................................................109


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8.2 APPEAL CHANNEL AND PROCEDURE.............................................................................................................................109

9. Environment Protection and Management ........................................................................................112 9.1 The Necessity of Environment Protection................................................................................................................. 112 9.2 Liquidation of Relocation .......................................................................................................................................... 112 9.3 The Environment Management of the Resettlement Area........................................................................................ 112

10. Monitoring and Evaluation ................................................................................................................113 10.1 Internal Monitoring.................................................................................................................................................. 113

10.1.1 Internal Monitoring Agency Organization ........................................................................................................ 113 10.1.2 The Objective of Internal Monitoring ............................................................................................................... 113 10.1.3 The Content of Internal Monitoring.................................................................................................................. 113 10.1.4 The Responsibilities of Internal Monitoring ..................................................................................................... 113

10.2 External Monitoring................................................................................................................................................. 113

10.2.1 Independent Monitoring & Evaluation Agency................................................................................................. 113

10.2.2 The Objective of Independent Monitoring & Evaluation .................................................................................. 114

10.2.3 The Contents of Independent Monitoring & Evaluation................................................................................... 114

10.2.4 The Methods of Independent Monitoring& Evaluation..................................................................................... 115

10.2.5 The Procedure of Independent Monitoring & Evaluation................................................................................. 116

10.2.6 The Period, Frequency and Standard of Monitoring & Evaluation .................................................................. 116

10.3 The Evaluation of Resettlement.............................................................................................................................. 117

11. Resettlement Budget .........................................................................................................................118 11.1 Compilation Reference and Principle...................................................................................................................... 118

11.1.1 Main References ............................................................................................................................................. 118

11.1.2 Compilation Principle....................................................................................................................................... 118

11.2 Resettlement Compensation Fee ........................................................................................................................... 118

11.2.1 Land Compensation ........................................................................................................................................ 118

11.2.2 Compensation for Houses and Auxiliary Facilities........................................................................................... 119

11.2.3 Compensation for Infrastructures .................................................................................................................... 119

11.2.4 Relocation Transportation Fee ........................................................................................................................ 119

11.2.5 Compensation for Enterprises and Institutions................................................................................................ 119

11.2.6 Subsidies for Vulnerable Group....................................................................................................................... 119

11.2.7 Resettlement Compensation Investment......................................................................................................... 119

11.3 COMPENSATION FOR SPECIAL FACILITIES ...................................................................................................................124

11.4 OTHER COSTS ..........................................................................................................................................................126

11.5 BASIC CONTINGENCY FEE .........................................................................................................................................126

11.6 RELEVANT TAX..........................................................................................................................................................126

11.7 TOTAL BUDGET .........................................................................................................................................................129

11.8 FUND FLOW ..............................................................................................................................................................129

11.9 FUND APPROPRIATION...............................................................................................................................................132

11.9.1 Appropriation Principle.....................................................................................................................................132


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11.9.2 The Organ in Charge of Resettlement Finance ...............................................................................................132

11.9.3 Annual Fund Use Plan.....................................................................................................................................132

12. Resettlement Progress Arrangement ...............................................................................................134 12.1 Principles of Resettlement Progress Arrangement .................................................................................................134

12.2 Progress Plan .........................................................................................................................................................134

12.2.1 Project Implementation Schedule....................................................................................................................134

12.2.2 Resettlement Implementation Schedule..........................................................................................................134

Appendix 1: Resettlement Information Booklet ....................................................................................137 Attached Figure 1: Project Location of Liling City Urban Flood-control Project Attached Drawing 2: Project Layout of Liling City Urban Flood Control Project Attached Drawing 3:Typical House Structure for Rural Resident of Liling City Urban Flood Control Project


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Objectives of Resettlement Plan & Definition of Resettlement Vocabulary This resettlement plan (RP) is developed according to the policies and stipulations of Asian Development Bank as well as the relevant laws and regulations of Hunan Province and People’s Republic of China. This document is aimed to provide an action plan for the resettlement and rehabilitation of people (affected persons) affected due to the project, to ensure that they will be benefited from this project, and their living standard will be improved or at least restored after project completion. The resettlement plan is a legal restraint document between the executive agency (Project Management Office) - Key Project Management Office under Hunan Province Water Resources Department, and ADB, as well as local project implementation agencies. With this, the Key Project Management Office under Hunan Province Water Resources Department shall be fully responsible to ensure sufficient funds available for the implementation of resettlement plan, and smooth implementation by relevant county governments. The Resettlement Plan compiled by Hunan Province Hydro and Power Design Institute will be formally approved by the Hunan Province Water Resources Department representing the Hunan Province People’ s Government. In the development project, the land acquisition and resettlement will bring about the unfavorable influence in the life of people who scrape a living or working on these lands. “Project-affected people” refers to those persons whose production or life is unfavorably affected due to the land acquisition and relocation in project, including: 1) Persons whose lands (including housing plots, lands for public Facilities, farmlands, forest land,

land for animal husbandry, fisheries and sideline activities), structures (private houses and attachments, enterprise structures, or public buildings, etc.), rights and interests or other properties are partly or wholly, temporarily or permanently requisitioned;

2) Persons using the above-mentioned lands, structures or properties; or the people whose businesses, work, residential area or living custom is unfavorably affected.

3) Persons whose living standard is unfavorably affected due to the land acquisition and relocation. Definition of “Project-affected Persons”: The said “Project-affected Persons” refers to group which is affected, for the implementation of project, in the following fields: a)The living standard is affected or would-be-affected unfavorably; or b)The ownership of any house, rights or interest, land (include housing plot, cultivated land and pasture) or other movable estates or real estates are temporarily or almost permanently taken over or occupied; or c)The people whose business operation, occupation, work or living or accustom is unfavorably affected. “Project-affected Persons” can be individuals, or legal representatives such as enterprises or public institutions. The definition of “Project-affected Persons” shall not bring any limitation on the legal registration, permission to live or ongoing business in the affected area, or bring any limitation to the compensation on its properties. Therefore, it includes: 1) All the affected persons who shall not be subject to their legal rights or their presence in acquiring

their properties. 2) Persons who live in the given areas, but have no habitation permission. Therefore, all these affected persons, taking no account of their properties, lands or location, shall be considered and recorded as the affected persons. All the affected persons due to the project shall be compensated to improve or at least recover their living standard. In addition, their lost assets shall be compensated according to the replacement cost, no discounting or reduction on the compensation sum is allowed under the cover of depreciation or other excuses. All the affected persons shall have their rights and interests for the impact they undergo. Moreover, for rehabilitation, assistance shall be offered in addition to the compensation for property loss. Among the project-affected persons, those who run business, develop new farmland or build in project area without formal legal titles, asset ownership, or legal permission to live, shall be treated same as the persons who have the formal legal assets, rights and interests, or permissions, to be helped to restore their livelihood and get compensated for the lost properties.


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Definition of “Resettlement” mainly comprises: 1) Relocate the living arena; 2) Find a new job for the person whose job is affected; 3) Restore or rehabilitate (or compensate) the affected lands, workplaces, woods, and infrastructures,

etc.; 4) Restore the living standard (quantity of life) for the persons who are unfavorably affected due to the

land acquisition, indirect resettlement, or other projects; 5) Restore or compensate for the affected persons or government enterprise; 6) Restore the damages caused by unfavorably impact on culture or common properties. Definition of “Rehabilitation”: “Rehabilitation” means restoring the ability of carrying on the production activities for the project-affected persons, or elevates their living standards or at least keep their living standards at the levels before project launching. This “Resettlement Action Plan” is aimed to provide a resettlement and rehabilitation plan for the project-affected persons so that their losses will be compensated; their living standards will be improved or at least restored to their present conditions. The affected business and manufacturing resources, enterprises (include shops), and public Facilities and infrastructures shall also be improved or at least recover to the level before launching project.


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Summary of Resettlement Plan for Liling Urban flood control Subproject

A. Status of Resettlement Plan 1. The proposed Hunan Province Liling City Urban Flood Control Project will finance the following items:

(1) 4 sections of newly-built grouted rubble flood control wall, with length totaling 3.3906km; (2) 2 sections of flood control dikes heightened or consolidated, with length totaling 3.6818km; (3) newly-built flood control dike of 5.1953km length; (4) 5 newly-built culvert gates; (5) 4 newly-built electric drainage stations, with total installed capacity of 535kw; (6) 2 newly-built flood diverging canals totaling 5.7588km length. The RP covers all the items above, and the land acquisition and resettlement is principally involved in the first two parts. All the project impacts and resettlement measures are based on the preliminary design and a detailed survey of all the indices. The resettlement modes and compensation standards have been reviewed and endorsed by Liling City People’s Government. The next stage technical design will be based on the preliminary design, so the basic scheme and project impact scope will not have any major changes. If there are changes during technical design or implementation, an updated RP will be prepared and submitted to ADB for concurrence.

2. The project executing agency for the Hunan Flood Control Project is the Key Project Office of

Hunan Province Water Resources Department (HPWR). For the proposed Liling Urban Control Subproject, the Local Project Management Office (LPMO) in Liling Water Resources Bureau is the project implementation agency. This resettlement plan has been prepared by LPMO under the guidance of PPMO and assistance of Hunan Hydro and Power Design Institute (HHPDI) and ADB consultants.

B. Scope of Land Acquisition and Resettlement 3. The proposed Liling County Urban Flood Control Project will involve Laimen, Xishan, Yangsanshi,

and Huangni’ao towns (sub-districts) of Liling County, that is, 14 administrative villages, 31 villager’s groups, and 2 enterprises totally. According to the detailed impact survey, about 52.55 ha of land will be acquired, of which about 5.02% is the cultivated land, made up of paddy (63.64%) and vegetable land (36.36%). The remaining 94.98% is orchard, housing plot, land for enterprise, and other land. About 8 ha will be occupied temporarily during the construction phase.. Based on per capita farmland in affected villages, the land acquisition of the project will affect 51 households of 202 persons actually, and 24 households of 97 persons will be affected by permanent land acquisition, and 76 persons in the project affected area need resettlement. On average, each affected person would lose only 0.025 ha of cultivated land, which represents 73.08% loss of their current cultivated land.

4. Along with land acquisition, a total of 46776 m2 of buildings would be demolished, and the

demolition will relocate 544 households of 994 persons. The demolished houses are made of brick concrete and brick wood structures, and 96.47% of them are made of brick concrete structures. The relocation will provide an opportunity to improve current housing condition for relocated households. For most affected households, they will be moved a short distance to another site within their original village.

5. Other affected assets include traffic, telecommunications and electrical infrastructure, walls,

sunning ground, pond, and tombs. 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 on


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Involuntary Resettlement. The Liling PMO 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 25092 per mu for irrigated farmland, CNY49280 for commercial vegetable land, CNY 21960 per mu for gardening plots and CNY 3060 per mu for uncultivated farmland. The land per mu used by enterprises is CNY 25092. The land use for housing will not be included in the urban houses and others will be appropriated without any compensation. 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 districts, namely CNY 381 per m2 for urban brick and concrete structures; CNY 308 per m2 for urban brick and timber structures. The people, who lost their houses, can buy a new apartment in the new relocation area. Depreciation will not be deducted form the compensation fund for all houses and the house owners can transport construction materials from their old or original houses.

D. Resettlement Strategy 7. Efforts to minimize resettlement effects have been made after consultation with local officials during

the setting of the alignment in the initial feasibility study. The change of routing of certain sections of new dikes during feasibility study has resulted in 27.11% reduction of house demolition, that is, 17396m2. The number of relocated households was kept to just 544. For those unavoidably affected, the resettlement strategy is to replace losses of housing, land, other assets, infrastructure and income.

8. 1) Among all affected person, 27 households of 105 persons will be impacted by permanent land

acquisition, and the affected area per capita is 0.025 ha. About 1/20 land is the cultivated land, most of them are of low yield, and they are suffered by flood disasters frequently.① Among 12 villager’s groups in 6 affected villages, affected resettlers in 5 villager’s groups adopt are willing to adopt the economic rehabilitation after cultivated land re-distribution and readjustment within their group. Generally, these groups are of abundant land resources, the cultivated land per capita after land acquisition is between 0.6mu/person~0.8 mu/person. Affected villagers are used to agricultural cultivation, as they are lack of other skills for living, they are willing to keep its traditional production mode and living sources. The whole project plans to readjust the cultivated land of 19.53mu within the group and resettle 28 resettlers; ○3 after project land acquisition, there are 11 villages are of few residual cultivated land, it is unable to adjust in the group of village, considering these 11 groups are near the urban area, persons undertaking the secondary and tertiary industries are of high activity, using this advantage and the technical training and guidance, the secondary and tertiary industries could be developed, and 48 persons could be resettled. 2) Among all affected persons, 544 households of 1994 persons(all are the non-agricultural population in 8 village (residential committees) will be impacted by relocation, and the residential houses to be demolished are 43647m2. It is preliminarily determined that relocation and house construction of these resettlers will carry out the property exchange and concentrated resettlement in other place. 3) Based on investigation, within the project affected scope, 2 enterprises will be impacted by land acquisition de to project construction. Due to self reasons, these two enterprises have been stopped or become bankruptcy, therefore, the project construction will not bring adverse effect to its production, part land and houses of one enterprise are planned to reconstruct near its original site,


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and another enterprise will only need cash compensation. 9. The Liling PMO will ensure that the resettlement entitlements are provided to the people affected

prior to the ground leveling 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 fixtures 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 Liling 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. Hunan ADB Loan Project Office will assume the overall responsibility for implementing resettlement

according to the approved RP. Hunan Provincial Project Resettlement Management Office will reinforce the guidance to the project implementation course, take charge of coordination of working relationships between each county(city, district), and ensure implementation of main works, land acquisition and relocation, and resettlement as well. Liling City project construction leading group will be controlled by Liling City People’s Government, its main responsibility is to reinforce guidance to project implementation course within their jurisdiction area, take charge of coordination of working relationships between each village(town, sub-district) under its jurisdiction, and ensure implementation of main works, land acquisition and relocation, and resettlement as well. The municipal project office, taking charge of daily affairs, will be set up under the leading group. The resettlement implementation and management office will be set under the municipal project office, fully taking the primary responsibility for the resettlement consultation, implementation and timely delivery of entitlements, with assistance from concerned township and villages.

F. Vulnerable Group 12. Among total affected people, there are no minority persons. 13. The project land acquistion will affect 84 vulnerabl persons, accouting for 3.39% of the total affected

persons, most of them are those urban poor who are entitled to minimum living safety allowance and those disabled or elderly living alone.Under the Resettlement Plan, vulnerable groups will receive the following additional assistance: (i) physical help in housing construction and relocation free of charge and (ii) a special subsidy will be paid to enable them to maintain their living standards while constructing their houses. The specific amount for such assistance will be determined according to the actual condition and their needs. For this purpose, PPMO agreed to set aside a special fund of 1% of the total resettlement cost, which will be used to provide direct and needed help for those vulnerable people.

G. Consultation and Grievance Redress 14. The Land Administration Law of 1998 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. In July 2009, several months prior to resettlement implementation, a resettlement information

booklet was distributed to all affected townships, villages and households by the resettlement office


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of Liling City. 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 ten days, they can seek redress at the county resettlement office, within one month. If still unresolved within two weeks, the PRO of HPWR 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. The

LPMO of Liling Water Resources Bureau 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. Under the leadership of the Key Project Management Office under HPWR, Liling Subproject PMO

will set up a quarterly reporting system and will report to PPMO on the progress of land acquisition and resettlement through resettlement progress reports. The Key Project Management Office under HPWR will provide ADB progress reports on the progress of land acquisition and resettlement. The selected external monitoring and evaluation agency will provide the independent monitoring and evaluation reports to LPMO, which will also be submitted to ADB through PPMO. The external monitoring and evaluation reports will be prepared twice a year during resettlement implementation and once a year after resettlement completion. After completion of land acquisition and resettlement, the PRO of LPMO will prepare a resettlement completion report, which will be submitted to ADB through PPMO.

I. Finance and Implementation Schedule 19. The RP budget estimate is CNY 38.5243 million, for all costs including compensation, resettlement

subsidy, payment for other assets such as housing, moving allowances, subsidy for vulnerable groups, fees for resettlement administration, and monitoring and evaluation. PPMO will guarantee to supplement the resettlement budget, as may prove necessary, to meet any shortfall which emerges in achieving the resettlement objectives.

20. The Project construction timetable agreed by the EA with ADB. It is planned that land acquisition

would be carried out from August of 2009 and completed in October, 2010. The house demolition will be carried out from August of 2009 to October, 2010. In the progress plan, the cultivated land development and readjustment is arranged in the third season of 2009, and the livelihood and living conditions will be resumed completely at October, 2010.


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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, Hunan Province Hydro and Power Design Institute 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 18.3 million urban populations, and 2253km2 urban areas. The embankment-construction-oriented project plan is determined in the report, and the existing embankments to be heightened and reinforced are 1037.16km in total, and the would-be-built embankments total 600.53km. Only the cities of above-county-level and once seriously damaged by the flood in the mountainous areas in Hunan Province will be covered by this urban flood-control project in this time. They shall be the economy developed area, such as Xiangtan, Zhuzhou, and Hengyang, which are all the very important industrial cities, boasting the various industries of machinery, electricity, metallurgy, chemicals, building materials, paper making, mining, medicament, and foodstuff. And, of the local areas these cities shall be the financial, communications, and business centers as well as the science and education centers, where the municipal or county government is located, and moreover the distributing center of agricultural produce, industrial product, and commodities. 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 rehabilitation 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 fighting the floods in these cities, and enormous achievements were achieved. According to statistics, in the 36 urban areas undertaking the project, total 286.628 km long flood-control embankments, and 141 drainage sluices, and 124 drainage pump stations of 15648kw have been built. Because the flood-control works is improving slowly, the present urban flood-control standards of these cities are low, which are only for the 4-year-occurrence ~ 20-year-occurrence floods, and their waterlogging drainage abilities are only for floods between 3-year-occurrence ~ 8-year-occurrence, and only a few cities are in the fortified status, while most cities are undefended or incompletely defended. At present, the urban flood-control standard in project area is low. The flood disasters hit there in successive years. According to historical record, great floods occurred in 1980,1981,1983, and 1988 after the frightful flood cataclysms in 1954 and 1955. The losses caused by flood and waterlogging rose year after year. In 1990s, flood disasters frequently happened, and the losses due to the flood disaster rose sharply. In 1991, 1994, 1995, 1996, 1998, and 1999, large floods and waterlogging disasters happened successively, which caused great losses. 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 caused by flood disaster amount to 3090 million yuan; and the great floods in 1995,1996 and 1998 each caused over 5000 million yuan losses, reaching 5610 million yuan, 10900 million yuan and 5973 million yuan respectively. Such enormous losses caused by flood and waterlogging disasters have seriously hindered the life and property of people in urban areas. Therefore, the construction progress and urban flood-control project strengthening shall be speeded up and beefed up to faLilingtate the economy development being in a speedy, stable and forward


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way. Liling City is located at the east of Hunan Province and the middle and lower reaches of the Lujiang River (the Grade I distributary of the Xiangjiang River). Because of the Jiangwangang River In the Chengbei District and the Ersheng River in the Chengnan District, it is quite possible for floods meet with each other at the flood season, and hence it is easy for flood disaster. Although some grouted rubble flood walls have been built on both banks from Lujiang Bridge to Chedun Bridge in Liling City since 1991, the flood walls don’t form a closed protection circle, they fail to guard against the flood. Moreover, as there is no any waterlogging drainage facility in the city proper, it is easy for the flood outside and waterlogging inside in case of rainstorm. At present, the flood control ability of Liling City is weak for the 1 in 2 year flood, and the waterlogging treatment works is insufficient even more. Such a situation not only disaccords to the rapid economic development of the city, but also affects the safety of state transportation trunk. Accordingly, it is quite necessary and urgent to speed up the construction of Liling City Urban Flood Control Project.

1.2 General Situation of Project 1.2.1 Areal Geography Location

Liling City is located at the east of Hunan Province and the middle and lower reaches of the Lujiang River (the Grade I distributary of the Xiangjiang River), and covers an area of E113°30’ and N27°40’. It is 51km away from Pingxiang City of Jiangxi Province on the east, 57km away from Zhuzhou City on the west, 77km away from Youxian County on the south, and 70km away from Liuyang City on the north. Zhejiang-Jiangxi Railway Line, Liling-Chaling Railway Line and Liling-Liuyang Railway Line, as well as national highway G106, expressway G320 and provincial highway S313, pass through the city. The total land area of the city is 2157.2km2. The Lujiang River is 63.73km long in the city proper from east to west, and divides Liling City into south and north banks that are connected by five railway bridges and highway bridges. See attached drawing 1 for the Project Location of Liling City Urban Flood-control Project.

1.2.2 Contents and Scale of Project Construction

Liling City Urban Flood-control Project is a sub-project of hilly area urban flood-control project in Hunan Province utilizing the loans from ADB. Based on the selected project scope, flood control and waterlogging harnessing standard, and construction tasks, the construction scale of Liling City Urban Flood Control Project is determined as: newly-built grouted rubble flood wall of 3.3906km, heightening and reinforcement of existing flood dike of 3.6818km, newly-built flood dike of 5.1953km, 5 newly-built sluices, barrier clearance for waterways, and construction of flood control highways. And the construction scale of waterlogging harnessing project mainly covers 4 newly-built electrical drainage stations with the total installed capacity of 535kw, 2 newly-built flood diverging canals in a total length of 5.7588km, etc.

1.2.3 Project Investment Estimation and Planned Progress

According to the Feasibility Study Report on Hunan Province Liling City Urban Flood-control Project Utilizing Loans from Asian Development Bank, which is compiled by the Hunan Province Nanfang Hydraulic and Hydropower Design Institute, the estimation of the total investment of the project is RMB 104.78 million yuan, including the compensation investment of RMB 38.5243 million yuan for the land acquisition and house removal. Based on the construction organization design, the total construction time limit of the project is 58 months, among which: the working period for the construction of major works is from September of the first year to April of the sixth year, totaling 56 months.

1.2.4 Socioeconomic Benefit of Project By implementation of Liling City Urban Flood Control and Waterlogging Harnessing Project, the benefit principally reflects in the following aspects: (1) Obvious improvement of flood control and waterlogging drainage ability: After the project implementation, the flood control standard of the protection circle in the urban area of Liling City will be improved from 1 in 2 year flood to 1 in 20 year flood in the near future and 1 in 50 year flood in the long term; and the waterlogging


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drainage standard will be to 1 in 10 year return event. (2) Huge benefit from flood control and waterlogging harnessing: On average, direct economic loss of RMB 18.6 million yuan can be reduced every year. (3) Along with construction of such municipal projects as urban road, wharf, bank line improvement and waste water drainage, the project can beautify urban environment, improve traffic condition, increase scenic sports and recreation and leisure sites, and speed up the urban construction in this city. (4) Due to the improvement of flood control standard, as for the densely-populated city with developed economy, the areas along the urban riverside where are waiting to be developed or currently with low development value will have great economic value, which will improve the urban production and living environment and create new economic growth point in new urban area. (5) The implementation of flood control and waterlogging harnessing project can guarantee the safety of people’s life and property, enhance people’s sense of security, benefit the social stability and economic development, and create obvious social benefit. According to the economic evaluation and analysis in the feasibility study report on the project, the economic internal rate of return of the project is 11.5%, the economic net present value is RMB 46.84 million yuan, and the economic benefit cost ratio is 1.40. Accordingly, all the economic indices are good and can meet the requirement of economic rationality. The sensibility analysis indicates that the project has strong risky resistance capacity. Therefore, from the economic point of view, it is reasonable to implement the project.

1.3 Affected Scope of Project

According to the Urban Flood Control Planning of Liling City, the flood control scope targets the urban area on both banks of the Lujiang River, which covers five sub-district offices and Huangni’ao under the city’s jurisdiction and is divided into four protection circles. First, Zhongxin Protection Circle at the north bank: With the north bank of the Lujiang River as the boundary, it eastward extends to Yangdong Bridge at Huangni’ao and westward to the east bank of the Jiangwangang River, and principally protects such central zones of Liling City as commercial district at the city center and development zone in the urban area. Second, Wulipai Protection Circle at the north bank: With the north bank of the Lujiang River as the boundary, it eastward extends to the west bank of the Jiangwangang River and westward to Jiangwangang Dam, and principally protects Wulipai and National Bright Porcelain Factory. Third, Yangsanshi Protection Circle at the south bank: With the south bank of the Lujiang River as the boundary, it eastward extends to Yangdong Bridge at Huangni’ao and westward to the east bank of the Ershengqiao River, and mainly protects Yangsanshi and Bishan Industrial Zones. Fourth, Xishan Protection Circle on the south bank: With the south bank of the Lujiang River as the boundary, it eastward extends to the west bank of the Ershengqiao Rive and westward to Jiangwangang Dam, and mainly protects Xishan Park and Jiangyuan Community. The total protective area of these four protection circles is 20km2. The principal structural measures involving land acquisition and demolition include the reinforcement and construction of dikes, the improvement and construction of sluices and electrical drainage stations, and the temporary lands as construction site and borrow pit. The land acquisition areas, and the area in which the people’s life and production is seriously affected by the project construction shall all be regarded as the affected areas due to the project land acquisition and relocation. In this phase, the affected area due to the land acquisition and relocation in project is based on the recommended scheme in the project preliminary design phase. The scope of impact is determined by detailed survey assisted with 1/2000 topographic map, which involves 14 villages (residential committees) and 31 villager groups from 4 towns (street offices), namely towns of Lailongmen, Xishan, Yangshanshi and Huangni’ao. The final scope of land acquisition and relocation might have minor adjustment during implementation.


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1.4 Compilation of Resettlement Plan 1.4.1 Basis and Objective for Report Compilation 1.4.1.1 Basis for Design 1) Hunan Province National Economic and Social Development “the Tenth Five-year” Plan and Long Range Plan for

2015 2) Liling City National Economic and Social Development “the Tenth Five-year” Plan and Long Range Plan for 2015 3) Urban General Planning of Liling City (2001-2020) 4) Statistical Yearbook of Liling City (2003-2005) 5) Urban Flood-control Planning Report of Liling City 6) Feasibility Study Report on Hunan Province Liling City Urban Flood-control Project Utilizing Loans from ADB

(Hunan Province Nanfang Hydraulic and Hydropower Design Institute) 1.4.1.2 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 “Resettlement Handbook ------

practical and operable guidance on practice” (published in 1998). 1.4.1.3 Objectives of Policies 1) Adopt the engineering, technical, economic measures to avoid or minimize the quantities of physical goods 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 physical 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 in 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. 1.4.2 Method of Report Compilation

The Key Project Management Office under the Water Resources Department of Hunan Province as project EA is responsible for overall resettlement preparation. The relevant resettlement design units, consulting units and local government all participated in the process. In May, 2006, the designers had conducted the general survey and statistics on the physical indices for the land-acquisition-affected area with the active support from local governments in project area. Based on census survey, detailed sample survey on social economic conditions and attitudes of the affected people was also carried out during the same period. In investigation, designer had consulted with the PMO (project management Office) of Liling City and held several resettlement coordination meeting attended by the government department of every level and representatives 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 town(ship) in project area. According to the suggestion and opinions on resettlement plan for core subprojects set forth by PPTA experts and ADB and analysis on rationality and


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feasibility of impact degree of all town (ships), the resettlement plan for Liling Subproject was finally prepared and approved by local people’s government in the project area.


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2. Project Impacts 2.1 Measures for Avoiding or Reducing to the Minimum the Land Acquisition and Relocation Impacts 2.1.1 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 review meetings had been conducted. 1) In the project planned phase, in order to reduce project land occupation and house demolition, in the premise of meeting the flood passing conditions and stabilized embankment, the flood control embankment should be properly leaned against exteriorly, the excavation and filling works quantity of the embankment should be compared for several times and the embankment line should be corrected repeatedly to obtain the economical and reasonable embankment line. Based on the inner river system in the planned range, landform, existing embankment, as well as urban construction, Liling urban flood control project has determined two prevention schemes of the interior line and exterior line for comparison, scheme I (left-right combination defense):takes Lujiang River as the boundary and divides it into south and north banks, the protective circle of the north bank takes the north bank of Lujiang River as the boundary, reaches Liuxingtan power station of Huangni’ao eastwards and ends in Xinghuo ceramics factory westwards; the protective circle of the south bank takes the south bank of Lujiang River as the boundary, reaches Liuxingtan power station of Huangni’ao eastwards and ends in Liling city mosquito coil factory westwards; and two main embankments are formed with a total length of about 16.6km. Ershengqiao and Jiangwangang branches flow into Lujiang River with the electric drainage form, and anti-flood walls should be built additionally according to the same standard so as to form Jiangbei and Jiangnan protective circles of the urban area. Scheme II (small circle embankment):in order to narrow down the construction scale, reduce management fees, the natural landform and embankment of the branch should be utilized, and the main embankment and flood diversion channel should be built additionally by different layers, so as to form the protective circles of block of the urban area in the center of the north bank, Wulipai block of the north bank Yangsanshi block and Xishan block of the south bank. According to actual landform, ground object, and geological state of Liling City, the design section will take the anti-flood wall type. See table 2.1-1 for details of comprehensive comparison of the scheme of two banks.

Comparison of Comprehensive Indices of Embankment Line Scheme Table 2.1-1

Item Scheme I Scheme II Total length of flood control embankment (km) 16.68 19.38

Design levee crown elevation (m) 55.56~58.35 55.59~58.14

Area under protection (km2) 28 22

House demolition (10,000m2) 1.8 1.7

Mortar rubble (m3) 121416 138304 Earthwork excavation (m3) 284434 323996 Earthwork backfill (m3) 445704 507697 Waterlogging drainage station (kW)

2700 1160

Main works quantity

Concrete (m3) 11834 7937


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Total investment (10,000 yuan) 4315 4182

Comprehensive comparison

1. area under protection is big, which will be beneficial to economic development of Liling City. 2. Operating fee for electric drainage is high. 3. Investment is relatively big.

1. Embankment line is shorter than that of scheme I. 2. The existing embankment line and nature is fully utilized, thus, hidden troubles could be reduced and costs could be saved.

Through the comparison, the scheme II meets the principles of adjusting measures to local conditions, narrowing down the scale, guaranteeing the key point, it will do well to embankment project construction, flood control, emergency service and management, and the works quantity and investment are small. Accordingly, in this phase, the scheme II is recommended. ○2 In order to form numerous independent flood control protective circles, this design will mainly utilize the existing anti-flood walls for heightening and consolidation, secondly, part flood control embankments will be built in combination of the riverway cutoff and renovation as well as urban construction. As the embankment line of the existing anti-flood wall is arranged reasonably, the original embankment line of this design will be kept the same basically, and only the newly-built embankment line is compared, such as the cultural square section: This section is the newly-built embankment, with the stake number of left 4+139.6~4+597.9, belongs to Huangni’ao flood control circle, and it is considered as the flood plain. Generally, the elevation of the original ground is about 51.5m, the riverbed elevation is about 48.4m, the design water level of the outer river is 55.52m, and the elevation of the design levee crown is 57.02m. if the earth embankment is arranged along the original riverbank, the length of the embankment line is 593m and the height of the newly-built earth embankment is about 5.5m. If the embankment line is displaced inside, the length of the embankment line 458m, which is 135m shorter than the exterior embankment line. The elevation of the ground inside is considerably higher, the height of the newly-built earth embankment is below 4m , moreover, the flood passing section of the riverbed is reserved and the flood plain could be used as the cultural square above the normal water level. Through the economic comparison, see table 2.1-2 for details of the economic comparison of the embankment line.

Economic Comparison of Huangni’ao Embankment Line Table 2.1-2

Scheme I (building earth embankment along the bank)

Scheme H (inner displacement of the earth embankment)

Item Unit Unit price

(yuan) Works quantity Comparable cost (yuan) Works quantity Comparable cost (yuan)

Earthwork excavation m3 9 8622.22 77599.98 13775 123975 Earthwork

backfill m3 15.5 51294.5 795064.75 57137 885623.5

M7.5 mortar rubble m3 220 4216.23 927570.6 3008 661760 Mortar

rubble slope protection

m3 220 9962.4 2191728 9442 2077240

Sodding protection m2 4.2 4151 17434.2 3700 15540

Total 4009397.53 3764138.5

Through the economic comparison, the scheme of displacing the earth embankment inside is considerably economical, moreover, cultural square could be built to beautify the environment as well as meet the leisure, traffic, living, and production demands. Accordingly, in this phase, the scheme of displacing the earth embankment inside is recommended. 2) The direction of alignment shall try best to be based on the existing levees. The selected alignment should try


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to reduce the acquired land areas, avoid house demolition and minimize impacts on irrigation Facilities. In the densely populated area in cities and towns, the alignment of new dikes shall try best to avoid demolition of highrise buildings or multi-floor buildings to reduce the quantities of demolition and relocation. 3) The construction design shall be optimized in such a way to shorten the construction period, and reasonably arrange the house relocation and construction period in order to minimize the losses of resettlers’ properties. For example, the house relocation and rebuilding shall be conducted in the farm slack season, and the land acquisition or occupation shall begin after harvesting the crops. For the temporary land occupation that involve more than 2 years, efforts will be made to try best to utilize the wastelands. 4) In the project design, careful consideration will be made to minimize the inconvenience brought about to the life and production of local residents due to the dike construction. In general, for the convenience of local residents, all damages caused by the construction to the irrigation channels, mechanical pier, communications Facilities and other infrastructures will be restored to keep the complete original functions in a timely manner.

2.1.2 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 life and social economy greatly. The land acquisition and relocation along the linear area will not bring much impact. However, in order to minimize the impact on the local area due to the project construction as much 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 remove the houses which is unnecessary to remove or can be partly removed in practice. 2) Before the demolition of the buildings due to the temporary land 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 unit.

3) For the loss of residents caused by the demolition and relocation, adequate compensate according to the

replacement value will be paid 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 for the affected people.

5) For relocated enterprises, notify them 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 affected enterprises, provide the convenience for them and carry on the resettlement work smoothly, and reduce the loss and relief 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, disclose the compensation policies for land acquisition and resettlement, and collect comments and opinions from the relocatee and original residents in resettlement area. In project construction period, in order to benefit the local community, the priority will be given to use the local materials and 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


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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.

2.2 Investigation on Project Impacts 2.2.1 Investigation Contents

From March 2006 to April 2006, Hunan Province Hydraulic and Hydropower Design Institute, together with the Liling City Water Resources Bureau, the government at each level, formed a joint investigation team. The team conducted the comprehensive survey on the project impacts 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, small businesses of industry and commerce, enterprises and institutions, and agricultural sideline production facilities and special facilities, etc.

2.2.2 Investigation Method 1) Investigation on Land Acquisition: The investigators clearly found out on-spot the ownerships 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 in the land acquisition and relocation, 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 populations were further divided according to the non-agricultural population and agricultural population, with comprehensive investigation in the unit of households on the nationality, age structure, education background, and employment status. They were checked out on site according to the household register card, and register the results of survey in detailed lists for each family. 3) Investigation on Houses and Auxiliary Facilities: The comprehensive survey on house structures was conducted; the area of houses was measured and the quantities of supplementary facilities were investigated household by household, and then registered them in detailed lists. 4) Investigation on Enterprises and Institutions: The following contents were surveyed and checked: names of affected enterprises in the land to be expropriated, location, department in charge, month and year of establishment, the coverage of factory area, land area for production, area of buildings, 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. 5) Investigation on Special Facilities: The investigator checked the quantities on site, registered in detailed lists by item according to the 1:2000 topographic map of geologic type and the data supplied by department in charge. All the survey results of physical indices were reviewed and confirmed by relevant departments.

2.3 Investigation Results on Project Impacts According to survey, the land acquisition and relocation for this project involves 14 villages (residential committees) and 31 villager groups from the 4 towns in Liling City, namely the towns of Lailongmen, Xishan, Yangshanshi and Huangni’ao. See Summary Table 2.3-1for details of investigation results on project impacts.


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Investigation Summary for Land Acquisition and Relocation Impacts

in Liling City Urban Flood-control Project

Table 2.3-1

Item Unit Total Lailongmen Office

Xishan Office

Yangshanshi Office

Huangni’ao Office

I. Administrative Region

1. Township (Sub-district) No. 4 1 1 1 1 2. Administrative Village (Residential Committee) No. 14 5 2 6 1

3. Villager’s Group No. 31 14 5 10 2 II Affected Population Due to Project 1. Impact Due to Land Acquisition

Number of Household Household 46 11 7 23 5

Population Person 183 41 28 92 22 Population in Need of Production Resettlement Person 76 5 7 51 13 2. Impact due to Demolition and Relocation

Number of Household Household 544 286 103 126 29

Population Person 1994 1060 370 467 97 Households to be Resettled by Building Houses Household 544 286 103 126 29 Population to be Resettled by Building Houses Person 1994 1060 370 467 97

3. Affected Units Family 2 1 1 Of Which: Enterprises and Units Family 2 1 1

Number of Staff Person 82 50 32 Number of Affected

Persons Person 79 49 30 5. Project Affected Total Population Person 2177 1101 398 559 119 III. Houses and Auxiliary Structures 46776 22815 9237 12405 2319 (I) Urban Residential Houses m２ 43647 22815.00 8233.00 10280.00 2319.00

Brick-concrete Structure m２ 42602 22247.00 8032.00 10105.00 2218

Brick-wood Structure m２ 199 94.00 28.00 61.00 16

Simple Structure m２ 846 474.00 173.00 114.00 85

(II) Non-residential Houses m２ 3129 1004.00 2125.00

Brick-concrete Structure m２ 2522 722.00 1800.00

Brick-wood Structure m２ 390 190.00 200.00

Simple Structure m２ 217 92.00 125.00

(III) Auxiliary Structure

1. Bounding Wall m２ 500 200.00 180.00 120.00

2. Cement Sunny Ground m２ 2750 800.00 1032.00 790.00 128.00

3. Air Conditioner Set 97 77 20


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Investigation Summary for Land Acquisition and Relocation Impacts in Liling City Urban Flood-control Project

Table 2.3-1

Item Unit Total Lailongmen Office

Xishan Office

Yangshanshi Office

Huangni’ao Office

4. Telephone Set 165 18 130 17 IV Permanent Land Requisition mu 788.3 207.6 155.6 317.1 108

Collectively-owned Land 735.3 190.8 146.2 292.2 106.1

1. Cultivated land mu 39.6 3.20 2.50 29.00 4.90

Paddy field mu 25.2 25.20

Vegetable plot mu 14.4 3.20 2.50 3.80 4.9

2. Garden plot mu 8.3 8.30

3. Unutilized land 687.4 187.60 143.70 254.90 101.2

State-owned Land 53 16.8 9.4 24.9 1.9

1. Housing Plot mu 33 16.80 6.70 7.60 1.9

2. Land used by enterprises mu 20 2.70 17.30

V. Temporary Land mu 120 42.20 24.70 27.90 25.20

1. Dry farmland mu 27.6 11.50 6.30 5.60 4.2

2. Shrub land mu 45.2 9.60 9.40 9.80 16.4

3. Waste grassland mu 47.2 21.10 9.00 12.50 4.6

VI. Special Facilities

1. Traffic Facilities

Cement Street m２ 320 320 2. Power transmission and transformation facilities

380V low-voltage line km 11.8 6.75 3.05 2

Transformer Piece 3 1 1 1

3. Telecom facilities km 12.9 8.9 2.5 1.5

4. Broadcast line km 3.8 2.6 1.2

5. Water resources facilities 0

Pond mu 10 7 3

Pumping station Piece 9 3 6

Irrigation channel km 0.5 0.5

2.3.1 Land Affected by Project 1) Permanent Land Acquisition The permanent land acquisition in this project covers 4 towns (sub-districts) and 13 administrative villages. The land of 788.3mu is acquired, of which, the cultivated land is 39.6mu (including paddy field of 25.2mu and commercial vegetable plot of 14.4mu), the garden land is 8.3mu, land for residential house is 33mu, land for enterprise is 20mu, and unused land is 687.4mu. See Table 2.3-2 for details of the investigation results of the permanent land acquisition in this project.


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Investigation on the Land Affected by Project Land Acquisition and Occupation

Table 2.3-2

Cultivated Land（mu）

City（County） Sub-district Village Total Sub-total Paddy Filed Commercial Vegetable Plot

Garden Plot （mu）

Residential Land Use

(mu)

Land Used by

Enterprises and

Institutions (mu)

Unutilized land

Liling 13 788.3 39.6 25.2 14.4 8.3 33 20 687.4

Lailongmen 4 223.7 3.2 3.2 16.8 203.7

Shangzhou 49.9 2.1 47.8

Dingjiafang 27.9 3.2 3.2 24.7

Shengli 80.1 7.2 72.9

Wenmiao 65.8 7.5 58.3

Xishan 2 94.3 2.5 2.5 6.7 2.7 82.4

Xishan 30.4 2.5 2.5 27.9

Nanmen 63.9 6.7 2.7 54.5

Yangshanshi 6 398.1 29 25.2 3.8 8.3 7.6 17.3 335.9

Yangdong 29.8 14 10.2 3.8 15.8

Lishan 4.5 4.5 4.5

Qishi 10.5 10.5 10.5

Quanhu 201.3 8.3 5.4 187.6

Yangshan 93.9 0.2 17.3 76.4

Xiangyang 58.1 2 56.1

Huangni’ao 1 72.2 4.9 4.9 1.9 65.4

Wulidun 72.2 4.9 4.9 1.9 65.4


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2) Temporary Land Acquisition The construction temporary land occupation refers to the temporarily-borrowed land in the project construction period, including land occupation of stone material yard, construction plant, construction warehouse, and temporary area for livelihood and temporary construction road during construction period. ①The construction plant, warehouse, and temporary living quarter cover an area of 12000m2, and they are arranged within the project permanent land occupation along the embankment line, accordingly, no temporary land occupation impact exists in the construction plant, warehouse, and temporary living quarter. ② As the existing roads will be damaged during project implementation process, corresponding compensation costs shall be paid to the municipal administration department. As the compensation costs are included in the project construction contract as part of the project costs, they will be paid by the construction Contractor. Accordingly, the project construction temporary road land occupation will not be included and the compensation costs will not be estimated in the report. ③In this project, temporary land mainly affects that of soil material yards and spoil area, including Wulidun and Shantian soil material yards, 4 townships (towns, sub-districts) and 5 administrative villages are involved, land of 120mu is occupied temporarily, of which, the dry land is 27.6mu, shrubbery forest land is 45.2mu and wasteland is 47.2mu. Average term of borrowing land is 2 years. See table 2.3-3 for details of the statistical conditions of the investigation results of the temporary land acquisition in this project.


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Investigation Statistical Table of Temporary Land Acquisition in Liling City Urban Flood Control Project

Table 2.3-3 Temporary Land Use（mu） County

(City) Township

(Town, Street Office)

Village Classification

of Material Yard Total Dry Land Shrub

Land Wasteland

Liling City 4 5 120 27.6 45.2 47.2

Lailongmeng 42.2 11.5 9.6 21.1

Dingjiafang Spoil area 15.4 15.4

Shantian Soil material yard 26.8 11.5 9.6 5.7

Yangshanshi Yangdong Spoil area 27.9 5.6 9.8 12.5

Xishan Xishan Spoil area 24.7 6.3 9.4 9

Huangni’ao Wulidun Soil material yard 25.2 4.2 16.4 4.6

2.3.2 Affected Population Due to Project 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. The concept of the number of persons requiring economic rehabilitation is calculated based on collective land ownership in rural China, which is an important indicator in analyzing land acquisition impacts in the process of land acquisition and resettlement. Based on the physical indices during the course of investigation on land acquisition and demolition for the project, the population in need of economic rehabilitation will be counted in villagers’ groups. The agricultural population in need of economic rehabilitation for each affected village group is calculated with the area of land acquisition divided by cultivated land per capita of each group before land acquisition. The result was 76 persons. As the project is distributed in linear shape along Lujiang River, for minority affected persons, they would only lose a small part of lands. According to the site investigation and statistics, 51 households (202 persons) are actually affected by land acquisition in the project, of which, 27 households (105 persons) will be actually affected by permanent land acquisition in the project, averaging 0.38 mu cultivated land per person. The temporary land acquisition will affect 24 households and 97 persons.

2) Affected Population Due to Demolition According to the site investigation, in the project, 544 households (1994 persons) shall be relocated (all are non-agricultural population) and houses of 43647 m2 shall be demolished.

3) Employees in the Affected Enterprises According to the investigation, 2 enterprises will be affected by the project construction, and there are 285 employees in all. One enterprise should be relocated and rebuilt though it has stopped production, and another enterprise only needs cash compensation as it has bankrupted.

4) Total of Affected Population Due to Project Through statistics, 595 households (2481 persons) will be affected by the project land acquisition and house demolition. Among them, 51 households (202 persons) will be affected by land acquisition (without house demolition), of which: 24 households of 97 persons will be affected by the temporary land use; and 544 households (1994 persons) will be affected by the house demolition (without land acquisition).


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Among the affected population due to land acquisition and resettlement, 76 agricultural persons need economic rehabilitation. About 544 households (1994 persons) need to be rehabilitated through replacement housing. See table 2.3-4 for details of the affected population in the project.


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Summary of Affected Population Due to Land Acquisition and Resettlement of Liling City Urban Flood Control Project Table 2.３-４

Total Land Acquisition without House Removal

House Removal without Land Acquisition To Be Relocated

Affected Type Sub-district Residential Committee Number of

Household Population Number of Household Population Number of

Household Population Number of Household Population

Population in Need of

Economic Rehabilitation

Number of Staff

Affected Population

by Production Stop and Shutdown

I.Permanent Land Acquisition

4 13 571 2384 27 105 544 1994 544 1994 76 285

(1) Residence Removal 13 537 1983 27 105 544 1994 544 1994 76

Lailongmen 4 288 1067 2 7 286 1060 286 1060 5

Shangzhou 38 122 38 122 38 122

Dingjiafang 2 7 2 7 5

Shengli 116 435 116 435 116 435

Wenmiao 132 503 132 503 132 503

Xishan 2 106 383 3 13 103 370 103 370 7

Xishan 3 13 3 13 7

Nanmen 103 370 103 370 103 370

Yangshanshi 6 143 533 17 66 126 467 126 467 51

Yangshan 3 13 3 13 3 13

Yangdong 6 25 6 25 18

Qishi 9 34 9 34 26

Lishan 2 7 2 7 7

Xiangyang 34 128 34 128 34 128

Quanhu 89 326 89 326 89 326


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Summary of Affected Population Due to Land Acquisition and Resettlement of Liling City Urban Flood Control Project Table 2.３-４

Total Land Acquisition without House Removal

House Removal without Land Acquisition To Be Relocated

Affected Type Sub-district Residential Committee Number of

Household Population Number of Household Population Number of

Household Population Number of Household Population

Population in Need of

Economic Rehabilitation

Number of Staff

Affected Population

by Production Stop and Shutdown

Huangni’ao 1 5 19 29 97 29 97 13

Wulidun 5 19 29 97 29 97 13 (2) Non-residence Removal

285 285

Enterpises and Units 285 285

II. Temporary Land Acquisition

4 5 24 97 24 97

Lailongmen 2 9 34 9 34

Dingjiafang 4 17 4 17

Shantian 5 17 5 17

Xishan 1 4 15 4 15

Xishan 4 15 4 15

Yangshanshi 1 6 26 6 26

Yangdong 6 26 6 26

Huangni’ao 1 5 22 5 22

Wulidun 5 22 5 22 III. Affected

Total Population

4 14 595 2481 51 202 544 1994 544 1994 76 285


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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 Lailongmen sub-district, Xishan sub-district, Yangsanshi sub-district, Huangni’ao sub-district, and 8 village (residential committees) of Liling City, 544 households of 1994 persons should be relocated, and all of them are urban residents. The houses to be demolished are 43647m2(brick-concrete of 42602m2, brick-wood of 199m2, and simple structure of 846m2); and cement sunny ground of 1990m2, bounding wall of 500m2, 92 air conditioners, and 163 telephones are affected. According to the investigation, in the project land acquisition area, most residential houses are individually owned. All the residential houses are one or two-floor houses with brick concrete structure and brick wood structure. Since many demolished houses were built in 1980s and 1990s, the basic living conditions and the related facilities are considerably poor. Therefore, most residents also hope they can relocate as soon as possible, so as to improve their living conditions. See table 2.3-5 for details of the investigation conditions of the residential houses to be removed in the project.

2) Affected Non-residential Structures by the Project According to the investigation, in the land acquisition area by the project, houses of 2 enterprises are affected by relocation, the houses to be demolished are 3129m2, including brick-concrete of 2522m2, brick-wood of 390m2, and simple structure of 217m2; and cement sunny ground of 760m2 2 telephones, and 5 telephones are affected. See table 2.3-6 for details of the investigation conditions of the non-residential houses to be removed 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 of the project.


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Investigation on the Resettled Houses and Auxiliary Facilities of Liling City Urban Flood Control Project

Table 2.3-5

Population (Person) Houses Others

Normal Houses（m2） Auxiliary Buildings

Type of Residential Houses Sub-district Village

（Residential Committees）

Number of Household Sub-total Non-agricultural Total of

Houses Subtotal Brick and

Concrete

Brick and

Wood

Simple Structure

(m2) Bounding

Wall (m2)

Sunny Ground（m2)

Air Conditioner (Set)

Telephone (Set)

Urban Residence 8 544 1994 1994 43647 42801 42602 199 846 500 1990 92 163

Lailongmen 3 286 1060 1060 22815 22341 22247 94 474 200 800 18

Shangzhou 38 122 122 3219 3055 3031 24 164 200 800 18

Shengli 116 435 435 9225 9075 9043 32 150

Wenmiao 132 503 503 10371 10211 10173 38 160

Xishan 1 103 370 370 8233 8060 8032 28 173 180 272 72 128

Nanmen 103 370 370 8233 8060 8032 28 173 180 272 72 128

Yangshanshi 3 126 467 467 10280 10166 10105 61 114 120 790 20 17

Yangshan 3 13 13 284 284 284 1 1

Xiangyang 34 128 128 2581 2581 2548 33 19 16

Quanhu 89 326 326 7415 7301 7273 28 114 120 790

Huangni’ao 1 29 97 97 2319 2234 2218 16 85 128

Wulidun 29 97 97 2319 2234 2218 16 85 128


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Investigation of House and Auxiliary Building of Affected Enterprise and Institution by Project Land Occupation

Table 2.3-6

House (m2) Auxiliary building

Main structure County

(city)

Sub-district

Village

(residenti

al committe

e)

Unit Employee Total Subt

otal

Brick and concrete

Brick and woo

d

Simple structure

Bounding wall (m2)

Sunny

ground

(m2)

Air conditioner

(piece)

Telephon

e (set)

Liling 285 3129 2912 2522 390 217 760 5 2

Xisha

n 1 1004 912 722 190 92 760 5 2

Nanmen

1

Municipal dockyard

150 1004 912 722 190 92 760 5 2

Yangsanshi

2125 2000 1800 200 125

Yangsan

Timber

company 135 2125 2000 1800 200 125

2.3.4 Affected Enterprises and Institutions

According to the investigation, 2 enterprises will be affected by the land acquisition and house demolition in the project area. The total number of employees is 285. Regarding these 2 enterprises, as they has stopped production or bankrupted due to their own reasons, the project construction will not impact it adversely. Part land and houses of one enterprise are planned to rebuild at the back of its original site, and another enterprise only needs the cash compensation. See table 2.3-7 for details of the basic conditions of the investigated enterprises and institutions.

2.3.5 Affected Special Facilities by the Project

The investigators have conducted the site investigation and registration to the affected traffic facilities, transformation facilities, post & telecommunication line, and other special facilities to be resumed or rebuilt according to the project land acquisition range confirmed by the design. The project will affect cement street of 320m2; 380V low-voltage line of 11.8km, 3 transformers, communications line of 12.9km, broadcasting line of 3.8 km, hilly pond of 10mu, 9 pumping stations, and channel of 0.5km. See Table 2.3-8 for details of statistics about survey on the special facilities affected in project.


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Basic Condition of Affected Enterprise by Land Acquisition and Relocation of Liling Urban Flood Control Project Table 2.3-7

Character Name Land

occupation area (mu)

Employee (person)

Main product

Original value of fixed assets

(10,000 yuan)

Annual tax (10,000 yuan)

Operating state Affected degree

Affected employee (person)

Enterprise 2 140 285 350

Liling city dockyard 120 150 Ship 200 Business stop

Timber company 20 135 timber 150 Bankruptcy No relocation

Investigation of Special Facility of Liling Urban Flood Control Project

Table 2.3-8 Transformer facility Hydraulic facility

County (city) Sub-district Village

Cement street (m2) Low-voltage line

(piece km) Transformer

facility (place) Hilly pond

(mu) Pumping

station (place) Channel (km) Communications

line (km) Broadcasting

line (km)

Liling 320 11.8 3 10 9 0.5 12.9 3.8

Lailongmen 6.75 1 3 0.5 8.9

Shangzhou 0.8 1 0.5 1.9

Dingjiafang 1.9 2 2.5

Wenmiao 2.8 3

Shengli 1.25 1 1.5

Xishan 320 3.05 1 7 6 2.5 2.6

Xishan 320 0.7 1 4 6 0.5 1.3

Hexi 0.85 3 0.5 0.6


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Investigation of Special Facility of Liling Urban Flood Control Project

Table 2.3-8 Transformer facility Hydraulic facility

County (city) Sub-district Village

Cement street (m2) Low-voltage line

(piece km) Transformer

facility (place) Hilly pond

(mu) Pumping

station (place) Channel (km) Communications

line (km) Broadcasting

line (km)

Nanmen 1.5 1.5 0.7

Yangsanshi 2 1 3 1.5 1.2

2 1 3 1.5 1.2


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2.3.6 Affected Cultural Relics and Vulnerable Groups Due to Project 2.3.6.1 Gender

During the survey, the team paid special attention on women in the project areas and organized group discussions attended by women. The participated women included those Han and Tujia nationalities and represented by different ages groups and education levels among those above 18 years old. In addition, through sample household survey, further understanding of women in the project area was obtained regarding their roles in their families, participation on public affairs and health issues. (1) Status of Women is Improved and Man and Women Enjoy Equal Rights in the Family In the project areas, there is no clear separation of women and men in their responsibilities. Most of them share the equal responsibilities of farming activities, which is closely related with their availability. Since women play more important roles in most housework, their contribution to family income is relatively high. As a result, in many families, women are responsible for making most financial decisions, and play important roles in determining large family issues and outcomes. (2) High Level of Participation on Public Affairs According to the survey, most women have high degree of participation in public affairs. Most of them participated in the election of village chiefs; some of village officials are women. In the process of RP preparation, women demonstrated high degree of attention and provided many good suggestions. (3) Enjoy Equal Access as Men to Education and Health Care In general, the education levels in the project area is relatively low and medical condition is not well developed. However, in terms of access to education and health care, men and women have relatively equal rights. Due to historic reasons, most old women have lower education level than that of men. However, along with social development, education levels among women has improved greatly and most young women have similary education level as men. 2.3.6.2 Vulnerable Groups Vulnerable groups: Mainly include the underprivileged families (per capita income is less than 130yuan/month), handicapped families (disabled persons) and families of the elders who live alone(widows or widowers over 70 years old), etc. This project will affect their living style and income level to some extent. The vulnerable groups of 22 households of 84 persons will be affected by the project, accounting for 3.39% of the total affected population. They are mainly the poor population and elderly who are entitled to Urban Minimum Living Allowance. During resettlement process, the affected vulnerable groups in the project will be further confirmed through comparison and analysis between the member structures in affected families, 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.


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2.4 Impact Analysis of Project 2.4.1 Project Impact Characteristics 1) The land acquisition and relocation affects limited number of households and population. The affected population

accounts for only 5.12% of the total population in the affected villages. The acquisition of cultivated accounts for 0.92% of the total cultivated land area among affected village groups.

2) The project construction will relocate affected 544 households of 1994 persons, and demolish houses of 46776m2

as well. All of them are located in Liling urban area, and relatively concentrated in 8 residential committees of Lailongmen, Xishan, Yangsanshi, and Huangni’ao (towns) sub-districts. Among demolished houses, all of them are brick-concrete and brick-wood structures, and the brick-concrete structures occupy 96.47% of the total area.

3) The permanent land acquisition with an area of 788.3mu is required for the project construction, of which, the

cultivated land to be acquisitioned is 39.6mu (including paddy field of 25.2mu, commercial vegetable plot of 14.4mu), accounting for 5.02% of total land acquisition, and the rest 94.98% is the garden land, land for residential house, and land for enterprise, and unused land. The project land acquisition will directly affect 51 households of 202 villagers, and 76 persons need resettlement. The acquired cultivated land is distributed in 4 towns (sub-districts) and 12 villages of Liling City, and it owns linear and scattered characters.

4) There are 2 enterprises affected by demolition due to land acquisition for the project. Regarding these 2

enterprises, as they has stopped production or bankrupted due to their own reasons, the project construction will not impact it adversely. Part land and houses of one enterprise are planned to rebuild at the back of its original site, and another enterprise only needs the cash compensation.

5) There are no important special facilities in the project land acquisition and resettlement area, except for a few

high-voltage transmission lines and post & telecommunication lines, the rest is the rural small infrastructure. 2.4.2 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 minimized the impacts of project construction on local production and livelihood. According to the analysis on each villager’s group, the permanent land acquisition shall affect 12 villages (residential committees). Cultivated land of 39.6 mu shall be acquired for the project permanently. For the 6 villages who are in need of economic rehabilitation, the per capita cultivated land is 0.53mu and the per capita residual cultivated land is 0.52mu after land acquisition by the project (the percentage of land acquisition is 1.89%). Among the 12 affected villager groups, the percentage of land acquisiction of the 11 villager groups is below 10%. The relocatees affected by the project are urban residents and the income of the affected population primarily comes from non-agriculture activities (average annual income of each household is CNY 3670, accounting for only 26.27% of the total income, namely CNY 13970). Through above analysis, the project construction impact on production and livelihood of local residents is minor, and its impact on the whole project area is local, and it will not bring big effect to local agricultural production, people’s livelihood, and development of social economy. See chapter 5 for details.

The project is distributed in linear shape along Lujiang river and most areas often suffer from flood and waterlogging disasters, which restrict the development of local economy, the project construction has provided a chance for reconstruction of production system and social system for resettlers. After completion of the project, the capability of flood control and emergency service along the new dike 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, in combination with the RP


31

implementation such as adjustment of agricultural planting structure and improvement of irrigation and water conservancy as well as reclamation of cultivated land, full exploitation of land resources potential is also a vital element of the protective policies on cultivated land used for land occupation of project construction to execute the land management law. According to the compensation system for cultivated land occupation, and the principle of "Land Quantity of the reclaimed should be Equivalent to that occupied for construction", the compensation will be made to the lost cultivated land so as to reach the balance of occupation and compensation, and by RP the resettlers will be relocated in the areas with considerably superior natural and traffic conditions, and social environment. Additionally, the preference and support will be given to the resettlers in the aspects of policies, technologies, funds, and substances, so as to ensure that they will restore or reach the former level as soon as possible.


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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

Liling urban area is located at eastside of the middle section of Liuyang-Hengdong facture fold belt of the early-late period neocathaysian system, the north end of Liyou sinking red-earth basin, and it is a typical southern hill mixed with small basin. Its Westside is the Xishan, small bedrock exposes in the right bank of the northwest and middle parts, and other sections are the alluvial terrace of Lujiang River. The landform in the project area is of small fluctuations, and the structure of the working area is not developed much. Based on the local geological data and field site survey, no movable fracture structure crosses through Liling urban area, and the stability of structures in the area is excellent. According to GB18306—edition 2001 1:4 million China Ground Motion Parameter Zoning Map and China Earthquake Project Spectrum Characteristics Period Zoning Map, the earthquake peak value acceleration of the project area is less than 0.05g, the earthquake response spectrum characteristics period is 0.35s, and its corresponding earthquake basic intensity is less than VI area. The relief takes the mountain, hill, and mount as the main parts, the plain occupies 16%, water area occupies 5%. The river within the area is divided into three water systems of Lushui, Zhaoling, and Jianjiang Rivers.

2) Hydrologic and Meteorological Conditions Liling urban area belongs to the subtropical monsoon climate area, as it is mainly impacted by monsoon, it is of sufficient sunlight and distinctive four seasons. In winter, it is impacted by Mongolia cold high pressure, rain, snow, ice, and frost appears frequently, in summer, it is controlled by the Pacific sub-high pressure, it is of hot weather and frequent rainstorm. According to the statistics from 1956 to 2000 of the municipal weather bureau, the main weather characters are as follows: annual mean rainfall is 1554.4mm, max. annual rainfall was 2145.0mm(1954), min. annual rainfall was 1028.6mm(1971), annual mean evaporation is 918.0mm, annual mean sunlight is 1665h, frost-period is 288 days, annual mean relative humidity is 81%, annual mean temperature is 17.6�, extremely-highest wind velocity is 21.0m/s, during the flood season (April~ September), the max. wind velocity on average is 14.1m/s. The main disastrous climate in spring is the cold spell and hail, in summer is rainstorm, flood and waterlog, dryness, and high temperature, in autumn is low temperature damage and dryness, and in winter is cold wave, frost, and gale.

3) Soil Characteristics The soilforming rock in the area is with the metamorphic rock, purplish shale, sandstone and deposit of the Quaternary Period as the main part. The main stratum lithology of the area is the alluvial deposit of the Holocene Series of the Quaternary System, and the ground soil takes the red loam and purplish soil as the main part.

4) Geographical Resources The area is of abundant vegetation resources, with the secondary vegetation as the main part, such as, Chinese red pine, shrubbery, artificial fir forest, fruit forest, and planting vegetation. The main crops are rice, maize, bean, and potato. The economic crops are, cole, peanut, pepper, and fruit. Liling is reputed by “millennium porcelain city” and “township of fireworks”, and the area is of abundant porcelain clay, china clay, fire clay, limestone, sandy stone, non-metallic mining, lead, zinc, and other metal mining.

5) Tourist Resources

Liling is characterized by attractive mountains and rivers and pleasant sceneries. The municipal historical and cultural relics under state protection, such as, Xiannongtan, the Peasant Movement Memorial Place in Hunan Province, which was investigated by Mao Zedong, Dongfu temple, origin of Caodongzong, main school of Japan Buddhism, Zen Buddhism, Yunyan temple, Liquanyingyue, Caiyuantaying, Zhuangyuanfangzhou, Hongfu ancient tomb, Lujiang academy, and numerous scenic spots and historical sites. The heroic land, where outstanding leader of Chinese workers' movement, Li Lisan, is from, anti-Japanese stars, Zuo Quan and Geng Biao, Song Shilun, Cai Shengxi, Cheng Qian, Chen Mingren, and a lot of famous generals and people with lofty ideals.


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3.2 Socio-Economic Conditions in the Affected Areas of Project Liling City is located at the east part of Hunan, with 4 sub-districts, 36 town(ships), 677 villager’s committees, and 8308 villager’s groups under its jurisdiction. The total area is 2157.2km2, with the total population of 1.003million. By the end of 2005, the total population of the whole city was 9954.46million, including the agricultural population of 8546.91million and non-agricultural population of 1407.55million. Recently, Liling City has optimized the economic development environment constantly, put forward the course of the industrialization, agricultural industrialization, and urbanization, realized the stable incensement of the national economy, and progress of all social undertakings as well. In 2005, the gross domestic product of 6779 million yuan was realized in the city, of which, the primary industry was 1369 million yuan, the secondary industry was 3499 million yuan, the tertiary industry was 1911 million yuan, and the three industry structure ratio was 20.2:51.6:28.2. The per capita domestic national product is 6848 yuan, increased by 615 yuan than that of the last year.

1) Agriculture: the agricultural production keeps a stable development. In 2005, the total output value of the agriculture, forestry, husbandry, and fishery reached 2055 million yuan, increased by 3.4% than that of last year. The agriculture output value was 1078 million yuan, increased by 1.3%; the forestry output value was 67 million yuan, increased by 8.0%; the husbandry output value was 791 million yuan, increased by 5.4%; and the fishery output value was 119 million yuan, increased by 5.3%. In 2005, the crop plantation area of the whole city was 1273050mu, increased by 10050mu than that of last year, of which, the grain crop plantation area was 908700mu, decreased by 9750mu; and the economic crop plantation area was 254850mu, increased by 19050mu.

2) Industry: The industry led an accelerated development. In 2005, the total industrial output value of 12682 million

yuan was realized, increased by 6.02% than that of last year, of which, the total output of the mass industry was 2963 million yuan, increased by 25.07%. The main industrial product of the city is the daily ceramics, with the number of 766.89 million; industrial ceramics of 0.1424 million tons, and firecrackers and fireworks of 6.4203 million boxes.

3) Culture, Education, Public health: The education undertaking has achieved a stable development. By the end of

2005, there were 63 middle schools in the city, with 83329 enrolled students; 307 primary schools, with 76889 enrolled students. The culture, broadcasting, and television undertakings own a healthy development, by the end of 2005, there were 2 cinemas, 27 film projection teams,1movie therater,1 cultural building,1 museum,1 memorial,1 public library, with 0.156million volumes of collection books; the city owns 1 television station, 1 broadcasting station, with the television population coverage rate of 98%, broadcasting population coverage rate of 99.7%, and the optical fibre cable access rate in the urban area reaches above80%. The optical fibre networks have been erected in the east and south townships, and 24 have realized the “village-village-connection”. The sanitation and medical treatment undertakings increase its development, by the end of 2005, there were 46 santiation organs, 1735 beds, and 2174 sanitation technicians.

4) People’s livelihood: living conditions of the urban and rural residents are improved constantly. In 2005,

disposable income per capita of urban residents was 9464 yuan, increased by 9.1%; per capita consumption expenditure was 7560 yuan, increased by 5.2%. The disposable income per capita of rural residents was 3202 yuan, increased by 5.0% than that of last year; per capita consumption expenditure was 2184 yuan, increased by 0.9%.

3.3 Socio-Economic Conditions of Townships (Sub-districts) and Villages in the Affected Areas of the Project

The land requisition will have certain influences on 4 towns (Sub-districts), and 14 administrative villages (residential committees). In May, 2006, under the unified arrangement of the provincial PMO, Liling City PMO organized County Resettlement Office and the other relevant local department as well as resettlement design unit to carry out the detailed investigation on various aspects of basic socio-economic conditions and production as well as livelihood of project-affected development zone and village (Residential Committee).


34

1) Socio-Economic Conditions in the Affected Towns (Sub-district) According to the investigation, in the affected 4 towns (sub-districts) and 49 village (residential) committees, with 44517 households of 178371 rural persons, of which, the agricultural population is 23271 households of 102952 persons, accounting for 57.72%. The rural labor employees are 66861, of which, 20048 person are engaged in agriculture, accounting for 30%. The total cultivated land of 4 (towns) sub-districts is 45630mu (including paddy field of 40489mu), and the cultivated land per capita is 0.51mu; in 2003, the total economic incomes of 4 towns (sub-districts) were 2919.18 million yuan, including agricultural income of 34.60 million yuan, accounting for 1.2%, husbandry income of 67.30 million yuan, accounting for 2.3%, and its main incomes come from industry, service, and other industries, accounting for 42.7%, 8.2%, and 21.2% respectively. See table 3.3-1 for details.

Socio-Economic Conditions of the Affected Towns and Townships (Sub-districts) by Liling City Urban

Flood Control Project

Table 3.3-1

Indices Unit Total Lailongmen Xishan Yangsans

hi Huangni’a

o I Basic conditions (I) Residential committee Piece 49 5 12 6 26

1. Villages with electricity Piece 49 5 12 6 26

2. Villages with postal communication Piece 49 5 12 6 26

3. Villages with telephone Piece 49 5 12 6 26

4. Villages with highways Piece 49 5 12 6 26

5. Villages with water supply Piece 42 4 12 4 22

(II) Households in villages Household 44517 9171 10602 9107 15637

1. Non-agricultural households Household 21246 6934 5789 5426 3097

2. Agricultural households Household 23271 2237 4813 3681 12540

(III) Population in Villages Person 178371 38932 40817 38249 60373

1. Non-agricultural population Person 75419 24962 19103 20076 11278

2. Agricultural population Person 102952 13970 21714 18173 49095

(IV) Labor forces in villages Person 67738 9403 14616 12232 31487

(V) Employed population in villages Person 66861 9325 14562 12187 30787

1. Employed population in Agriculture Person 20048 1958 3524 3756 10810

2. Employed population in Industry Person 24803 2769 5731 3982 12321

3. Employed population in architecture Person 3901 596 743 698 1864 4. Employed population in Traffic, storage and post Person 3657 310 615 752 1980

5. Employed population in wholesale and retail Person 3600 693 779 649 1479

6. Employed population in accommodation and dining Person 2741 521 614 573 1033

7. Others Person 8111 2478 2556 1777 1300 II Agricultural production conditions


35

Socio-Economic Conditions of the Affected Towns and Townships (Sub-districts) by Liling City Urban

Flood Control Project

Table 3.3-1

Indices Unit Total Lailongmen Xishan Yangsans

hi Huangni’a

o (I) Cultivated area mu 45630 8941 8585 12721 15383

1.Paddy field 40489 7745 7327 10964 14453

2.Dry farmland 5141 1196 1258 1757 930

(II) Total cultivated area of crop mu 105198 24190 20577 27386 33045

1.Grain cultivated area mu 53286 10069 9584 14253 19380

2.Yield of per unit area kg/mu 1708 421 409 415 463

3.Yield t 23048 4239 3921 5915 8973 (III) Per capita plantation area of agricultural population

mu/ Person 0.51 0.64 0.4 0.7 0.31

III Economic conditions of countryside

(I) Total economic income yuan 291918 34827 42052 34459 180580

1.Agricultural income 10,000 yuan 3460 587 562 921 1390

Including: plantation income 10,000 yuan 2126 339 314 473 1000

Other agricultural incomes 10,000 yuan 1334 248 248 448 390

2.Forestry income 10,000 yuan 3343 322 417 804 1800

3.Animal husbandry income 10,000 yuan 6730 1241 873 2416 2200

4.Fishery income 10,000 yuan 5060 1157 938 1405 1560

5.Industrial income 10,000 yuan 124561 2976 5782 3587 112216

6.Agricultural income 10,000 yuan 14649 2238 2790 2621 7000

7.Transportation income 10,000 yuan 14959 1268 2515 3076 8100

8.Catering income 10,000 yuan 13901 597 671 559 12074

9. Service income 10,000 yuan 24038 4921 6833 5474 6810

10. Other incomes 10,000 yuan 61897 19520 20671 13596 8110

(II) Income per capita of farmers yuan 4399 4460 4397 4503 4234


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Socioeconomic Conditions of the Affected Towns by Liling City Urban Flood Control Project Table 3.3-1

Indices Unit Total Qianling Town

I Basic conditions (I) Nmuber of Residential committees No. 9 9 1. Villages with electricity No. 9 9 2. Villages with postal communication No. 9 9 3. Villages with telephone No. 9 9 4. Villages with highways No. 9 9 (II) Number of Households Household 3847 3847 1. Non-agricultural households Household 3691 3691 2. Agricultural households Household 156 156 (III) Population No. 13477 13477 1. Non-agricultural Population No. 12951 12951 2. Agricultural Population No. 526 526 (IV) Labor Forces Person 475 475 II. Agricultural production conditions (I) Cultivated land area mu 45 45 1. Commercial vegetable land mu 23.8 23.8 2. Dry land mu 21.2 21.2 (II). Grain Output ton 4453 4453 (III). Cultivated Land Per Capita for the Agricultural Population mu/person 0.09 0.09

III. Rural Economic Conditions (I) Agricultural income 1. Total agricultural income CNY 104 2003 2003 2. Net agricultural income CNY 104 1200 1200 (II) Net Income Per Capita CNY 1516 1516


37

2) Basic Conditions in the Affected Villages (residential committees) The investigation shows that the 14 affected administrative villages (residential communities) have a population of 48,496, including an agricultural population of 8034, accounting for 16.57% of the total population; The current cultivated land area is 4316.8mu, including paddy field of 1711.6mu, dry land of 2412 mu and commercial vegetable land of 1632 mu; and the average per capita farmland is 0.54mu among agricultural population. According to the investigation, the income per capita of the 14 administrative villages (residential communities) is RMB 3752 yuan/year~7025 yuan/year in 2005. The average income per capita of the affected villages (residential committees) was RMB 4889yuan/year. The affected 14 administrative villages (residential committees) are all Han people without ethnic minorities. In addition, there are 1956 persons in the vulnerable group, such as poverty- stricken, disabled families and deformities and aged people’s families that live alone, accounting for 4.03% of the total population. For the basic conditions of the affected villages in the project, see Table 3.3-2.


38

Basic Conditions of the Affected Villages (Residential Committees) by Liling City Urban Flood Control Project Table 3.3-2

Population (Person) Cultivated Land Area（mu） Ethnic Minority Vulnerable Group

Town（Sub-district）

Village (Residential Committee） Total

Agricultural Population

Non-Agricultural

Population Total Paddy

Field Dry

Farmland Vegetable plot

Cultivated Land Area Per Capita（mu）

Per Capita Income

（Y/Year）

Han Nationalit

y (Person)

Percentage (%)

Number of

Population （Person）

Percentage

（%）

4 14 48496 8034 42105 4316.8 1711.6 241.2 1632 0.54 4889 48377 100 1956 4.03 Lailongmen Sub-district 5 20465 3313 17152 2158 1426 0.65 5658 20465 100 880 4.3

Shangzhou 3502 298 3204 168 168 0.56 5239 3502 100 144 4.12

Dingjiafang 4344 1483 2861 790 790 0.53 4684 4344 100 226 5.21

Shengli 4638 4638 6779 4638 100 157 3.38

Wenmiao 4289 4289 7025 4289 100 105 2.45

Shantian 3692 1532 2160 1200 732 468 0.78 4563 3692 100 248 6.73

Xishan Sub-district 2 5989 263 7369 108 108 0.41 4790 5989 100 284 4.74

Xishan 2844 159 2685 61 61 0.38 4380 2844 100 146 5.14

Nanmen 3145 104 3041 47 47 0.45 5854 3145 100 138 4.39 Yangshanshi Sub-district 6 19601 2136 17465 1189.5 917.3 174.2 98 0.56 4760 19601 100 658 3.36

Lishan 1373 206 1167 127.5 84.5 43 0.62 4310 1373 100 73 5.3

Yangdong 1609 470 1139 370 324.8 45.2 0.79 4067 1609 100 97 6.05

Quanhu 5482 5482 10 10 5100 5482 100 153 2.8

Qishi 1460 1460 682 498 86 98 0.47 3752 1460 100 111 7.61

Xiangyang 5723 5723 5970 5723 100 141 2.46 Yangsan 3954 3954 5361 3954 100 83 2.1

Huangni’ao 1 2441 2322 119 861.3 794.3 67 0.37 4346 2322 100 134 5.47

Wulidun 2441 2322 119 861.3 794.3 67 0.37 4346 2322 100 134 5.47


39

3.4 Basic Conditions of Relocatees 3.4.1 Investigation Objectives

1) Introducing the positive significance of urban flood control project to the relocatees; 2) Investigating and comprehending the affected degree of the relocatees; 3) Soliciting opinions from the relocatees to reflect their willingness in the schedules of rehabilitation for

production and livelihood 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 relocatee’s families; and analyzing and forecasting changes of

economic incomes.

3.4.2 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; the other is investigation on the attitudes of the relocatees towards resettlement. 1) Basic Conditions of Affected Households � Basic Family Condition: includes family members, age, sex, educational level, employment, nationality, housing area and structure. � 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. � 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. 2) Investigation on relocatees’ willingness The investigation on relocatees’ 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.

3.4.3 Investigation Method and Procedure In May, 2006, 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 relocatees’ 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 made to the affected households. After filling the questions of survey form, the affected households made signature for confirmation. 104 households within the affected area of the project were selected as the sample, accounting for 17.48% of the total affected households. 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 3.4-1.


40

Analysis of the Sampling Investigation on the Affected

Households due to the Project Resettlement Table 3.4-1

Town (Sub-district) Number of Affected

Residential Communities

Total Affected Households Sampling Households Sampling Percentage (%)

595 104 17.48

Lailongmen 297 56 18.86

Shangzhou 38 15 39.47

Dingjiafang 6 3 50

Shengli 116 29 25

Wenmiao 132 9 6.82

Shantian 5 1 20

Xishan 110 20 18.18

Xishan 7 4 57.14

Nanmen 103 16 15.53

Yangshanshi 149 27 18.12

Lishan 2 1 50

Yangdong 12 5 41.67

Quanhu 89 14 15.73

Qishi 9 4 44.44

Xiangyang 34 2 5.88

Yangshan 3 1 33.33

Huangni’ao 39 1 2.56

Wulidun 39 1 2.56 2) Investigation on relocatees’ willingness and attitudes Investigation on relocatees’ willingness adopts the mode of sample survey with a sampling ratio of 16.8%. 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 100 survey forms issued to the relocatees, and 89 effective forms returned with an effective ratio of 89%.

3.4.4 Investigation Results and Analysis 1) Investigation on the Basic Conditions of Removed Households The sample survey and analysis shows that: � Household Size of the affected households: 4.05 persons / family in average in the affected area of the project, including 2.58 persons for labor forces with age 17~60, 0.81 person of younger than 17 years old and 0.66 person of older than 60 years old. � Gender Percentage: The male/female ratio in the project area is 1：0.97. � Age makeup: The labour forces at age of 17~60 possess 67.31% of the total population, 19.27% for younger than 17 years old and 13.46% for older than 60 years old. � Ethnic Background: Relocatees within the project protected area are all Han nationality.


41

� Educational level: In the affected area of the project, every 100 persons, there are 19persons with educational level of higher than senior middle school, 14 persons with educational level of senior middle school, 49 persons with educational level of junior middle school, 10 persons with primary school and 8 illiteracies or half-illiteracies. � Housing area per capita: The housing area for every household is 121.61m2 and that per capita is 30.44m2. The structures of houses are mainly brick-concrete and brick wood structure. � The land contracted by the collective: In countryside, each household contracts 2.18mu of cultivated land, averaging 0.54mu per capita; The grain yield of each household is 1008.49 in average 247.16kg per person. The livestock per household is 4.18 and the poultry is 10.64. �Family property: For every 100 households, there are 114 TVs (33 for Black and White TV and 81 for Colour TV), 327 electric fans, 77 refrigerators, 88 washing machines, 138 bicycles, 43 motorcycles, as well as 346 pieces of big furniture such as sofas, big bureaus and chest of drawers. � Economic incomes and expenditure: Each household has an annual total income of RMB 13970yuan, averaging RMB 3449yuan per capita; Each household has an annual total expenditures of RMB12700 yuan, the annual expenditure per capita is RMB 3136yuan; Each household has an annual net income of RMB11203 yuan, averaging RMB 2766 yuan per capita. For the total basic conditions of the affected households by the project, see Table 3.4-2.


42

Summary for the Basic Conditions of Each Affected Household

of Liling City Urban Flood Control Project Table 3.4-2

Total Samples Lailongmen sub-district

Xishan sub-district

Yangsanshi sub-district Huangni’ao

Items Unit

Total Indices

per household

Total Indices

per household

Total Indices

per household

Total Indices

per household

Total Indices

per household

I Affected household size 1.Sample household Household 104 46 30 27 1 2.Total Population of Household

Person 416 4.05 171 3.72 117 3.89 124 4.6 4 4

Including: female Person 203 1.99 84 1.83 57 1.9 60 2.24 2 2 3.Labor forces of 17~60 years old

Person 280 2.58 109 2.37 87 2.9 82 3.04 2 2

4.Population younger than 17

Person 80 0.81 40 0.87 19 0.63 20 0.75 1 1

5.Population older than 60 Person 56 0.66 22 0.48 11 0.36 22 0.81 1 1 II Educational level 1.Sample number Household 104 46 30 27 1 2.More than senior high school

Person 77 0.56 35 0.76 22 0.73 20 0.75

3.Senior high school Person 60 0.66 32 0.7 15 0.5 12 0.45 1 1 4.Junior high school Person 202 2.01 74 1.61 60 2 66 2.44 2 2 5.Primary school Person 43 0.33 16 0.35 13 0.43 14 0.52

6.Non-educated Person 34 0.49 14 0.3 7 0.23 12 0.44 1 1

IV. Nationalities 1.Sample household Household 104 46 30 27 1 2.Han Nationality Person 416 4.05 171 3.72 117 3.89 124 4.6 4 4 3.National Minority Person V. Housing area 1.Sample number Household 104 46 30 27 1 2.Housing area per household m2 12832.7 121.61 6635 144.2 3304.8 110.16 2763.2 102.3 129.7 129.7 3.Housing area per capita m2 12832.7 30.44 6635 38.8 3304.8 28.25 2763.2 22.28 129.7 32.43 VI. Agricultural production 1.Sample household Household 104 46 30 27 1 2. Sample

population Person 416 171 117 124 4 3.Contracted plantation area mu 239.3 2.18 107.73 2.34 47.97 1.6 81.84 3.03 1.76 1.76


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Summary for the Basic Conditions of Each Affected Household of Liling City Urban Flood Control Project

Table 3.4-2


Xishan sub-district


Items Unit

Total Indices

per household

Total Indices

per household

Total Indices

per household

Total Indices

per household

Total Indices

per household

per household

4.Plantation area per capita

mu/ Person 239.3 0.54 107.73 0.63 47.97 0.41 81.84 0.66 1.76 0.44

5.Grain yield kg 110549 1008.5 49768 1082 22161 738.7 37808 1400 813.1 813.1 6.Grain occupation per capita

kg/ Person 110549 247.16 49768 291 22161 189.41 37808 304.9 813.1 203.3

7.Livestock Piece 396.92 4.18 171.12 3.72 53.4 1.78 167.4 6.2 5 5

8.Poultry Piece 962.76 10.64 258.06 5.61 195.9 6.53 496.8 18.4 12 12 VII. Household property 1.Sample household Household 104 46 30 27 1

2.TV Piece 119 1.11 52 1.12 37 1.24 29 1.06 1 1 Including: color TV Piece 85 0.86 38 0.83 27 0.9 19 0.71 1 1

3.Electric Fan Piece 340 3.22 147 3.2 102 3.4 88 3.26 3 3

4.Refrigerator Piece 80 0.58 36 0.78 25 0.84 19 0.71 0 0 5.Washing machine Piece 91 0.91 41 0.89 27 0.9 22 0.83 1 1

6.Bicycle Piece 143 1.28 65 1.42 36 1.2 41 1.5 1 1

7.Motorcycle Piece 45 0.33 20 0.43 11 0.36 14 0.51 0 0 8.Large furniture Piece 360 3.39 147 3.2 117 3.9 93 3.44 3 3 VIII. Annual total revenues and expenditures

1.Sample household Household 46 30 27 1 2.Annual total incomes yuan 1564770 13970 750260 16310 381000 12700 422280 15640 11230 11230 2.1 Agricultural incomes yuan 409200 4270 143060 3110 85500 2850 176040 6520 4600 4600 2.2 Stockbreeding income

yuan 246320 2413 105800 2300 52500 1750 85590 3170 2430 2430

2.3 Non-agricultural income

yuan 909250 7288 501400 10900 243000 8100 160650 5950 4200 4200

3.Annual consumption expenditure

yuan 1394760 12700 646760 14060 370800 12360 366390 13570 10810 10810

3.1 Living expenditure yuan 767910 7013 361560 7860 203400 6780 196830 7290 6120 6120 3.2 Production expenditure yuan 295230 2768 133400 2900 78000 2600 81270 3010 2560 2560 3.3 Other expenditures yuan 331620 2920 151800 3300 89400 2980 88290 3270 2130 2130

4.Annual yuan 1269540 11203 616860 13410 303000 10100 341010 12630 8670 8670


44

Summary for the Basic Conditions of Each Affected Household of Liling City Urban Flood Control Project

Table 3.4-2


Xishan sub-district


Items Unit

Total Indices

per household

Total Indices

per household

Total Indices

per household

Total Indices

per household

Total Indices

per household

household income

2) Basic Attitude of Affected People

The sample survey and analysis shows that: � Have knowledge with the project: 98.91%of the affected people claimed that they had knowledge of the project but 1.09%are on the contrary. � Sources of information: 96.32%of the affected people get known from the investigation persons and 3.68% from the residents of the neighboring villages. � Support attitude: All affected people hold an attitude of supporting to the project. � Views on Impact: 96.53% 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; 3.47% think the flood control benefit is obvious, while the negative impacts are big; �Resettlement Approach: the project land acquisition and relocation is mainly located at the combination belt of the urban area and township of Liling City, 92.47% resettlers hope that the government will arrange the housing plot unifiedly for concentrated resettlement, and 7.53% resettlers hope the cash compensation. ⑥ Economic rehabilitation: 88.64% of the affected people ask for cash compensation, and 11.36% ask for compensation 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) Since establishment of Liling City, its development is rapid, it is of obvious three industry structure adjustment, especially, the rapid rise of town enterprises has brought the vigorous development of the secondary and tertiary industries, and it ha also supported “most native land” of the urban economy as well. The affected 4 towns (sub-district) due to project permanent land acquisition are all located in the urban area of Liling City, as its geographical position is superior, infrastructures are better, the employment, labor, business, and other non-agricultural production opportunities are numerous, a large part of surplus rural labor have changed to the secondary and tertiary industries or individual business, accordingly, they have broken away from relying on land gradually. According to the investigation, in 2005,project land acquisition impacted 31377 labors in all, of which, 12665 non-agricultural persons come from industry, building, traffic and conveyance, and wholesale and retail, etc., accounting for 40.36% of the rural labors. Viewing from the income structure, in 2005, the total annual income of affected household in the project area was 13970 yuan on average, of which, the agricultural income was 3670 yuan, accounting for 26.27% of total incomes, and the non-agricultural income was 7863 yuan, accounting for 56.28%.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 Lujiang River, the land acquisition of the project will result in not big influence on the agricultural production of resettlers, on average, each affected village will lose 0.92% of their land. For 12 affected village group, all of them would lose less than 1.89%of their land holding. However, for those households directly affected by land acquisition (27 households and 105 persons), every affected person will lose about 73.08% of their land holding.


45

According to the site investigation, after land acquisition of the project, among affected 6 villages and 12 groups, the cultivated land occupation proportion of 2 villages is between at 10%~20%; and the cultivated land occupation proportion of 10 groups is below 10%. The occupation impact of cultivated land which is contracted by most rural households is minor. Most of the farmers have suffered little impacts. In addition, in the affected villages the agricultural resettlement mode of farmland adjustment will be adopted, which will maintain the traditional production mode and livelihood for the affected persons, and can restore, or even increase their income or living standard within short period of time. The cash compensation mode can also be directly adopted, so the farmers can invest the land compensation costs into various farm or nonfarm activities, such as adjusting planting structure, developing greenhouse vegetables, expanding animal husbandry and engaging in other nonfarm activities, which would increase their incomes and improve their current economic 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 relevant policies, make compensation to their loss of moving and traffic costs, on site infrastructure costs for the new housing plots, and necessary transfer allowance during relocation and rehabilitation. In addition, the PMO and the local village committees will provide necessary assistance in the process. Therefore, the impacts from the project will be reduced to the minimum.

4). For the relocated enterprises and institutions, relocation needs a period of time or a certain procedure to identify new spaces, which will affect normal operation for a period of time and will result in the loss of operation incomes for them. According to the investigation, there are 2 enterprises in the project area, as they has stopped production or bankrupted due to their own reasons, the project construction will not impact it adversely. Part land and houses of one enterprise are planned to rebuild at the back of its original site, and another enterprise only needs the cash compensation. The project construction will bring a certain influences on the residents and businesses within the project area, but the impact is little and after completion of the project, it will create favorable conditions for further development of Liling City, and faLilingtate the sustainable quick increase in economy.


46

4. Legal Framework and Policy 4.1Main Chinese Laws & Regulations and Policies for Resettlement 4.1.1 Policy Bases 4.1.1.1 National Laws and Regulations:

1. Land Administration Law of the People’s Republic of China. (The 8th 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 256th State Council Decree of the

PRC, issued on December 27,1998, starting since January 1,1999) 3. Urban Houses Demolition Administration Regulations of the PRC. (The 305th State Council Decree of the PRC,

issued on June 13,2001, starting 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. 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) 6. A Directive about Perfecting the Compensation Resettlement System for Land Requisition (The GTZF [2004]

NO.238 issued on November 3,2004) 7. Land Acquisition and Resettlement Regulation for Large and Medium Water Resources and Hydo Project (The

471th State Council Decree of the PRC, issued on July 7, 2006. 4.1.1.2 Laws and Regulations of Hunan Province

8. Methods of Hunan Province for Implementing the Land Administration Law of the PRC. (Passed in the 14th Meeting of the 9th People’s Congress Standing Committee of Hunan Province on March 31,2000)

1. Methods of Hunan Province for Implementing the Urban Houses Demolition Administration Regulations of the PRC. (The 157th

Decree issued by People’s Government of Hunan Province on July 12,2002, starting since September 1,2002) 2. 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 in May 4,1998)

3. A Notice about Improving “Basket Project”(XZF[1993]NO.25, issued by the Hunan Province People’s

Government on November 6,1993) 4. A 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)

5. Hunan Provincial Methods regarding Collection, Usage and Management of Rehabilitation Fee for Forest

Vegetation (XCZ[2003]No.10) 6. A Notice by General Office of Hunan Provincial People’s Government about Issuing Land Requisition Annual

Output Standards (XZF [2005] No. 47)


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4.1.2 Relevant Laws and Regulations 4.1.2.1 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 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


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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 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 & economy 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 should 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 villagers' committee in accordance with the ownership of the land, and effect the payment of compensation fee for the temporary use of the land.


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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 Urban Houses Demolition Administration Regulations of the PRC Article 22: The relocater should provide compensation to the relocatee in accordance with this Regulations. For the relocation of the peccancy building and the temporary building over approval term, the relocater shall not provide compensation. But for the relocation of the temporary building within the approval term, the relocation should provide proper compensation. Article 23: The ways of relocation compensation can be money compensation or property rights exchange of house. The relocatee can choose the way of relocation 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 exchange of house, the relocater and the relocatee should calculate the compensation amount of removed house and the house price for exchange to balance the price difference of the property rights exchange according to the Article 24 of this Regulation. The relocation of auxiliaries of non-public welfare houses shall not be solved with property rights exchange, 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 relocation subsidies for the relocatee or the tenant. During the transition term, in case of that the relocatee or the tenant settles for himself/herself, the relocater should pay subsidies for temporary resettlement; in case of that the relocatee or the tenant uses the revolving house, the relocation shall not pay subsidies for temporary resettlement.

3. Selected Provisions of Provisional Regulations on Cultivated Land Acquisition Tax of the PRC

Article 2: The cultivated land called in this Regulation 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/m2. (2) For the area where the average occupancy of cultivated land is 1-2mu (including 2mu), the tax rate is 1.6-8.0 yuan/m2.


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(3) For the area where the average occupancy of cultivated land is 2-3mu (including 3mu), the tax rate is 1.3-6.5 yuan/m2. (4) For the area where the average occupancy of cultivated land is over 3mu, the tax rate is1-5 yuan/m2. 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 of 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 cannot compensate by itself ---- shall pay the cultivate land reclamation fee according to the provisions of each province, autonomous regions and municipalities directly under the Central Government. The cultivated land reclamation fee shall be administrated with special account, and cannot 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 use legally approved land for construction to buy a share of the 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, resettlement approaches of land to be requisitioned; 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 public hearing. The relevant data known and confirmed by the affected farmers by land requisition shall be part of necessary documents for approval of 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 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.


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5. Selected Provisions of 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, and 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. (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 and resettlement approach of the land to be requisition. 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.

6. Land Acquisition and Resettlement Regulation for Large and Medium Water Resources and Hydro Project (The 471th State Council Decree of the PRC, issued on July 7, 2006).

Article 22: For large and medium size water resources and hydropower projects the combined land


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compensation and resettlement subsidy shall be set at 16 times of average annual output value in the past three years. If the land compensation and resettlement subsidy could not meet the needs of restoring income and livelihood for the resettlers, they could be raised further, which should be submitted by the project sponsor to and approved by the project approving authority. For the compensation and resettlement subsidy for other acquired land areas, they should follow the relevant provincial regulations. For the compensations on the attached trees, young crops, they should also follow the relevant provincial regulations. For the affected houses and structures, they will be compensated based on their original scale, function and standards. If the compensation could not meet the needs of building houses for poor resettlers, additional compensation should be provided. For the stated owned culticated land areas used by other units or individuals, the compensation will follow the compensation for land acquisition of cultivated land. For the state owned unutilized land areas used by units and individuals, no compensation will be provided. After resettlement, the scattered trees and structures over flood line around reservoir that belong to resettlers should be compensated in line with Clause 3 and Clause 4 in this article.

4.1.2.2 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 10-12 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 10-12 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 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


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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 rebuilding 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 with the actual loss. (4) 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 130m2, the waste hill & land area shall not exceed 210 m2, and the other land area shall not exceed 180 m2.

2. 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 Method after the agreement with relocatee and houses demolition administration department. During the transition period, the design of replacement houses can be changed when relocater reaches an agreement with relocatee. Article 17: The relocatee 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 relocatee in time.


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The departments and units for control of household, education, and medical treatment, should transact relevant procedures for the relocatee in time, such as household transferring, school transferring and medical treatment, in accordance with the resettlement certificate of house relocation that provided by relocatee. Article 19: For the relocation of houses for production and management, the relocater should pay the relocation subsidies for the relocatee 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 and subsidies for relocation 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 relocation of domicile, the relocater should pay the relocation subsidies for the relocatee or the tenant. In the case of resettlement of only one time, the relocater shall pay the relocation subsidies in one time; in the case of transitional resettlement, the relocater shall pay the relocation subsidies according to the relocation times, and the relocation subsidies shall be confirmed according to the actual requirement. In the case of that the relocater takes charge of relocation, the relocater shall not pay the relocation subsidies. Article 20: During the period of transitional resettlement, the relocater should pay the temporary resettlement subsidies for the relocatee 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 relocatee 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 Method. (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 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/m2. (2) For the area where the average occupancy per head of cultivated land is 0.5-1.0mu (including 1.0 mu), the amount standard of acquisition tax is 4-8 yuan/m2. (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/m2. (4) For the acquisition of special vegetable land and fishpond for house building or other non-agricultural


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construction, the amount standard of acquisition tax is 10 yuan/m2.

4. A 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 Liling City is the second class. The detailed standards for reclamation fee of cultivated land are listed as follows. 1) Paddy Field: 11000 yuan/mu; 2) Dry Farmland: 7000 yuan/mu.

5. Hunan Provincial Methods regarding Collection, Usage and Management of Rehabilitation Fee for Forest Vegetation (XCZ [2003] No.10)

Article 6: The expropriation standards of forest vegetation rehabilitation fee shall be determined according to the survey and design cost and the forestation and cultivation cost, which are needed for rehabilitating forest vegetation. And the rehabilitation area shall not be less than the forestland area in acquired or requisitioned land. The detailed expropriation standards are as follows: 1) For timber forest, economic forest, firewood forest and nursery land, it is 6 yuan/m2; 2) For immature forest, it is 4 yuan/m2; 3) For protection forest, it is 8 yuan/m2, while for forest with special purposes, it is 10 yuan/m2; 4) For open woodland and shrub land, it is 3 yuan/m2. 5) For suitable land for forest, clear cut area, burned land, it is 2 yuan/m2; The forest land in city or in urban planning area, it can be charged according to 2 times of the standards above. For the forest land which is occupied by farmers for housing construction, no rehabilitation fee shall be charged during the period of the 10th 5-year plan. Unless otherwise express provisions, no unit or individual has the rights to reduce or remit the rehabilitation fee.

6. A Notice by General Office of Hunan Provincial People’s Government about Issuing Land Requisition Annual Output Standards (XZB [2005] No. 47)

The land requisition annual output standards in Liling City: 1) Paddy Field of Class I: 1800 yuan/mu; Paddy Field of Class II: 1600 yuan/mu; 2) Dry Farmland: 1200 yuan/mu 3) Special Vegetable Plot of Class II: 2700 yuan/mu; The adjustment factor in Liling City is 0.9.

4.2 Relevant Articles of the ADB 4.2.1 Policy Bases

(1) Reluctant Resettlement Policy of the ADB (issued in November, 1995) and Resettlement Handbook of the ADB ---Doable Practice Direction (issued in 1998)

(2) Policy about national minorities of the ADB (3) Policy about poor supporting of the ADB 4.2.2 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. (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.


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(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, such as indigenous peoples and ethnic minorities, and appropriate assistance 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 4.3.1 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.

County Demolition Office will issue 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 due to 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 newly developed cultivated land, built houses or moved in persons in the project affected area will not meet the compensation or subsidy conditions.

4.3.2 Principles of Compensation Rehabilitation House removal and compensation is an important task governed by relevant policies and the the range covered by this task is wide. The task is closely related with the benefits of the relocates. Based on the requirements of laws and rules by Chinese Government and ADB, the compensation, rights and interestes involved in the project are as follows:

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.

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


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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 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 acquisition 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.


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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. 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 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 demolition occurs 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.

4.3.3 Compensation Reference and Standard for Land Acquisition 4.3.3.1 Permanent Land Acquisition of Project

Collectively Owned Land (1) Compensation Standards for Cultivated Land Acquisition

1) Analysis on Output Value of Cultivated Land According to the relevant provisions of XZBF [2005] No.47 document, A Notice by General Office of Hunan Provincial People’s Government about Issuing Land Requisition Annual Output Standards, the annual yield standard of Zhuzhou urban area governing Liling City is: 1800yuan/mu for the class 1 paddy field, 1600yuan/mu for the class 2 paddy field, averaging 1700yuan/mu; 1200yuan/mu for the dry farmland; 2700yuan/mu for the class 2 special vegetable plot. Based on the adjusting factor of 0.9 of the compensation standard, the yield per mu of cultivated land is determined as 1530yuan/mu, that of dry farmland is determined as 1080yuan/mu and that of the class 2 special vegetable plot is determined as 2430yuan/mu. 2) Multiple of Land Compensation and Resettlement Subsidy According to the relevant regulations from Land Administration Law, Land Acquisition and Resettlement Regulation for Large and Medium Water Resources and Hydro Project, and 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 10 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 6 times of the output value per mu. The young crops of less than one year growth period is compensated for according to output value of a season; 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 the annual yield per mu of the cultivated land and the compensation and allowance multiples, the compensation unit price is: 25092yuan/mu for the paddy field, and the compensation standard of the market


59

vegetable plot is the compensation unit price of paddy field plus the construction fund of new vegetable plot (5000yuan/mu), viz. 49280 yuan.

(2) Compensation Standards for Garden land 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 garden land acquisition shall be 50 percent to 100 percent of compensation standards for the paddy field near the land. The resettlement subsidy shall be executed with reference to the regulations of the cultivated land. All the garden land requisitioned in this project is orange garden with bad varieties, which is used for self-supporting or local sale with a low price. According to investigation, analysis and calculation, the compensation fee for garden land acquisition will be calculated as per 60% of the standards for paddy field, the resettlement subsidy will be calculated as per 100% of the standards for paddy field, the compensation fee for timber forest will be calculated to be 3600 yuan/mu as per 60 trees per mu (60 yuan/tree). Based on this calculation, the compensation for garden land acquisition is 21960 yuan/mu.

(3) Compensation Standards for Unused 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 set at 3060 yuan per mu according to 20 percent of the land compensation fee for paddy land.

State-owned Land 1) Compensation Standards of Enterprise’s Land

According to the relevant regulations of Land Administration Law of the PRC and Implementation Regulations, the land compensation fee for pond acquisition shall comply with compensation standards of vicinal paddy field, the resettlement subsidies shall comply with the relevant regulations for cultivated land. Among the 2 industrial or minery enterprises, one enterprise has its partly land and houses occupied, so the project construction has no big impact on its normal production, operation of office working, whilst the other declared bankruptcy, in need of reconstruction, the compensation standard shall base on the vicinal paddy field, accordingly, the compensation standard of the enterprise land will reference the compensated unit price of paddy field: 25092yuan/mu.

2) Compensation Standards for Residential Land The residential land acquisition in this project is mainly housing plot of town dwellers. According to location factor of the demolished houses, through the consultation among Chenzhou PMO and affected work units as well as its department in charge, the compensation for land acquisition of all the urban residential houses is paid as 85 yuan per square meter. Considering that the compensation for urban residence land is included in compensation standard for urban residential houses, no separate item will be included in the final resettlement budget. The various land standards for permanent land acquisition are shown in Table 4.3-2.


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Liling City Urban Flood Control Project Permanent Land Acquisition Compensation Standard

Table 4.3-1 Unit: yuan/mu

Land Right Land Type Compensation Fee

Compensation Fee for

Relocation

Compensation Fee for Young

Crops New Vegetable Plot Construction Fund

Compensaton Standard

Paddy field 15300 9180 612 25092 Market

vegetable plot

27000 16200 1080 5000 49280

Garden plot 9180 9180 3600 21960

Collective land

Unused land 3060 3060 Land

acquisition for

enterprise and

institution

25092 State-owne

d Land

Housing plot

Calculated in the compensation for

urban houses 4.3.3.2 Temporary Land Acquisition in this Project

The 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 occupation. 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) The Unit Price of Temporary Land Acquisition Compensation According to materials provided by design organization, temporary construction site in this project is mainly the forest land on slopes and hills (including timber land and shrub land) and little amount of dry farmland with 2-year occupation time. The annual output value of dry farmland is 1080 yuan/mu, and the cost of young crops is 432 yuan/mu according to 40 percent of the annual output value; the average annual output value of shrub land is 459 yuan/mu according to 30 percent of the vicinal paddy field; the compensation for forests is 459 yuan/mu according to the annual output value of the shrub land and the termporary occupied wasteland will not be compensated. Based on this calculation, the unit price of temporary land acquisition is, respectively, 2592 yuan/mu for dry farmland, and 1377 yuan/mu for shrub land. 2) The Expense of Reclaiming Temporary Land Acquisition Based on Temporary Land Rehabilitation Plan in the project, both the restoration engineering measures and plant measures of temporary construction site are included in the soil and water conservation design. Only reclamation of the temporary dry farmland acquisition is planned in this report, and the reclaiming area is 27.6 mu. Based on analysis on the engineering volume and the unit price that is necessary to reclaiming per mu cultivated land of the earth material site, the expense of reclaiming cultivated land is 3439 yuan per mu through calculation. For details of analysis on the unit price of reclaiming cultivated land per mu, see Table 4.3-3.


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Analysis of Unit Price for Reclaiming Cultivated Land per mu

Table 4.3-3 Item Unit Unit Price (yuan) Quantity Investment (yuan) Remarks Total 3439

1. Earth work 3089

1.1Clay cover m3 6.5 333.5 2168

1.2Arable layer backfilling m3 2.95 200.1 590

1.3Arable layer leveling m3 0.75 333.5 250

1.4Laying field ridge m3 6.21 13 81

2.Soil maturizaition 250

2.1 Farm fertilizer dan 1 50 50

2.2 Phosphorus fertilizer kg 0.7 150 105

2.3 Carbamide kg 1.3 50 65

2.4 Potash fertilizer kg 1 30 30

3. Field matching Facilities mu 100 1 100

For details of standard for temporary land acquisition of in this project, see Table 4.3-4.

Liling City Urban Flood Control Project Temporary Land Acquisition Compensation Standard

Table 4.3-4 Unit: yuan/mu Land Loss Fee (yuan/mu)

No. Land Type Average

Annual Yield (yuan/mu) Land Use

Limit Compensation

Standard

Fee for Young Crops

(yuan/mu)

Reclamation Fee

(yuan/mu) Total

(yuan/mu)

1 Dry farmland 1080 2 years 2160 432 3439 6031 2 Shrubbery 459 2 years 918 459 1377

4.3.4 The Relocation Compensation Reference and Standards for Residential House and Auxiliaries

1) Residential House

The residents’ residential houses in project area are mainly rural houses and mostly brick concrete and brick wood structures. To constitute reasonably compensation standards to make relocated household acquire the compensation equal to the replacement value, we investigated and analyzed the resettlement prices of brick concrete buildings and brick wood houses in the area affected by the project at the same time of investigating physical indices (the details of analysis on the replacement price are presented in Table 4.3-5). The material consumption of house construction 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 2006 in Liling City, the price of materials is determined through analysis: the replacement value of urban residential brick concrete house is 380.95yuan per square meter and the unit price of compensation is determined to be 308 yuan per square meter; the replacement value of urban residential brick wood house is 308.45yuan per square meter, and the unit price of compensation is determined to be 308 yuan per square meter. In general, these compensation rates will be used by the resettlement office as lowest limit. The implemented compensation rates will be based on actual appraised values in the project areas. Considering the different rate of decoration and building materials of residential houses in the project area,


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compensation standards for residential house with various types of structure in this project can fluctuate within the range of ten percent or so, see Table 4.3-6 for details.


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Table 4.3－6

Brick and Concrete Structure Brick and Wood Structure

Item Unit Unit Price（yuan） Quantity Amount（yuan） Quantity Amount

（yuan）

Remarks

I. Direct Cost 322.41 261.06

（I）Basic direct cost 316.09 255.94

1. Cost of Materials 215.29 180.34 Steel kg 3.32 14.7 48.8 4.8 15.94 Small Grey Tile Piece 0.141 180 25.38 Cement kg 0.238 90 21.42 50.3 11.97 Wood m3 523 0.08 41.84 0.105 54.92 Cast iron pipe kg 3.9 2.2 8.58 Rag felt kg 4.8 0.85 4.08 Asphalt kg 1.95 1 1.95 Glass m2 13.2 0.15 1.98 0.15 1.98 Brick Block 0.166 240 39.84 218 36.19 Lime kg 0.152 45 6.84 68 10.34 Sand m3 38.1 0.35 13.34 0.23 8.76 Macadam m3 39.12 0.3 11.74 0.05 1.96 Nail kg 5.37 0.5 2.69 0.5 2.69 Other material 6.00% 12.19 10.21

2. Labor cost Working day 24 4.2 100.8 3.15 75.6

(II) Other Direct Cost 2.00% 6.32 5.12 2% of the basic direct cost

II. Indirect Cost 7.00% 22.57 18.27

III. Construction Profit 7.00% 24.15 19.55

IV. Tax 3.41% 11.82 9.57 3.41% of item 1 to 3

V. New Construction Cost m2 380.95 308.45

Round-off Value yuan 381 308


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Compensation Standard for the Demolished Houses in Liling City Urban Flood Control Project

Table 4.3-7 Type of Houses Structure Unit Place Replacement

Unit Price Land Price Compensation Standard Remarks

Brick concrete strucutre Yuan/m2 381 85 466 Fluctuant amplitude

434～541 Brick wood structure Yuan/m2 308 85 393 Fluctuant amplitude

254～432 Urban

Houses

Simple structures Yuan/m2 60

2) Auxiliary Facilities Compensation for auxiliary facilities in this project is determined by similar project and the unit price for existing construction materials of Liling Counoty. For details, see Table 4.3-7.

Compensation Standards for Auxiliary Facilities of Residential House in Liling City Urban Flood Control Project

Table 4.3-7

No. Item Unit Compensation Standard Remarks

1 Bounding Wall Yuan/m2 15 2 Cement Sunny Field Yuan/m2 10 3 Air Conditioner Reassembling Yuan/set 200 4 Phone Reassembling Yuan/set 200

3) Compensation for Infrastructure

Compensation for infrastructure mainly includes investment of resettlement housing plots, including leveling, and facilities construction such as water supply, electricity, and road access. According to resettlement plan, rural relocation households will mainly resettled dispersedly within their own village groups with better conditions of landform, road access, electricity, and water supply. The urban residents will be resettled at Tongbao development zone. The current infrastructures in the resettlement site are well-developed. For all the resettlers in the new resettlement site, using existing water supply, power network and road access, the issue of providing related infrastructure could be solved. 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 per capita 1500 yuan. 4) Moving and Transfer Allowance

For resettlers affected by land acquisition relocation, although most of them will be relocated not far away, in the local region, it is inconvenience for rebuilding houses in such relative tight schedule, thus the moving and transfer allowance will include moving expense, living allowance, temporary housing allowance, second moving expenses, and so on. The transfer period is set at three months. �Moving expense includes fares of vehicles boats, material transport cost, and material loss expense. Compensation fee is set at 150 yuan per person; � Living allowance includes meal and lodging expenses as well as medical care during moving, and loss working time because of moving. Compensation fee is set at 100 yuan per capita; � Temporary housing allowance refers to paying temporary housing expenses by resettlers before their new houses are built. A large majority of the resettlers belong to non-rural population. They will have to rent the temporary residential houses, and the temporary housing allowance is set at 200 yuan per capita; � Second moving cost mainly refers to the cost of moving from temporary residential houses to their new houses.


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It is set at 150 yuan per person.

4.3.5 Compensation Reference and Standard of Affected Enterprises and Institution 1) Non-residential houses

The non-residential houses to be dismantled within the scope of the project are mainly the official and production buildings of enterprises and institutions, mainly brick-concrete and brick-wood strucctures. To stipulate the appropriate and reasonable compensation standards, make the non-residential houses obtain the compensation equal to the replacement price, at the same time of investigating the physical indicator, the investigation and analysis on the replacement prices of non-residential brick-concrete and brick-wood structures were carried out in details as shown in Table 4.3-5. The materials’ quantities based on the analysis on the replacement price of houses shall be determined on the basis of the relevant quotas stated in the Construction Quota Manual, and the materials’ prices on the basis of the construction materials budget prices of the third seasons of 2006: the replacement price of non-residential brick-concrete structures is 380.95yuan/m2, and the compensated unit price takes 381yuan /m2; the replacement price of brick-wood structures is 308.45yuan/m2, and the compensated unit price takes 308yuan /m2. These compensation rates will be used by the resettlement office as the lowest limit. The implemented compensation rates will be based on actual appraised values in the project areas. Considering the different rate of decoration and building materials of residential houses in the project area, compensation standards for residential house with various types of structure in this project can fluctuate within the range of ten percent or so, see Table 4.3-8 for details.

Compensation Standard for Auxiliary Facilities of Non-residential Houses in Liling City Urban Flood Control Project

Table 4.3－8 Type of the

nor-residential houses Structure Unit Compensation Standard Remarks

Brick and Concrete yuan/m2 381

Brick and Wood yuan/m2 308 Office buildings, store

wares and workshops Simple

Structure yuan/m2 60

2) Accessorial Facilities Within the project range, the compensation standard of accessorial Facilities of non-residential housing will comply with the compensation standard for accessorial facilities of urban residential housing. For details, see Table 4.3-9.

Compensation Standard for Auxiliary Facilities of Non-residential Houses in Liling City Urban Flood Control Project

Table 4.3-9

Type Item Unit Compensation Standard Remarks

1 Wall Yuan/m2 15 2 Cement Sunny Field Yuan/m2 10 3 Air condition reassembling Yuan/set 200 4 Telephone assembling Yuan/set 200

3) The Compensation of Production Equipment According to the relevant regulations of Methods of Hunan Province for Implementing the Land Administration Law of the PRC, the compensation fee for production equipment includes that for movable and immovable equipment. The project only affects the administrative or auxiliary production houses, and the project construction will impose not big impact on the normal


66

production, operation or office working. Accordingly, the project won’t take account of the compensation fee for production equipment. 4) Relocation Allowance The project affects 2 industrial or minery enterprises, of which, 1 enterprise declared bankruptcy, in no need of relocation, and the subsidy for moving in the moving of the other enterprise shall base on the 25yuan/ m2 for the non-residential houses to be moved. 5) The Loss Compensation for Stop Production and Working in Removing Period Among the 2 industrial or minery enterprises, one enterprise only has its administrative or auxiliary production houses affected, so the project construction has no big impact on its normal production, operation of office working, whilst the other declared bankruptcy, accordingly, the loss compensation for stop production and working won’t be taken into account.

4.3.6 Compensation Reference and Standard of Special Facilities Affected by the Project 1) Transportation Facilities

Accumulation of project area transportation facilities recovering and rebuilding compensation investment shall accord 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 to the compensation standard for other projects, unit price of post facility rebuilding compensatory of the project is determined as follows: Cement street is 200 yuan/m2. 2) Facilities for power transmission and transformation

In order to formulate the compensational standard correctly and reasonably, investigation and analysis of average price per kilometer of 10kV high voltage wire and 380 low voltage in the project area is carried out in details along with investigation on physical indices. According to the electric engineering budgetary estimate compiling method and related quota, the consumption volumes of materials are determined by calculation and analysis on unit price. The prices of material are determined on the basis of material budget price of the third quarter of 2006 in Liling City. According to the typical analysis on unit price and with reference to the similar projects, unit price of rebuilding compensation for 380V low voltage tension in the project area is determined to be 27500 yuan/km (see Table 4.3-12) and the removal and reconstruction of the transformer shall is determined as 3000 yuan/place according to other similar project. 3) Telecom Facilities

In order to formulate the compensational standard correctly and reasonably, investigation and analysis of average price per kilometer of HYA 3-0.5 Type post and telecommunication cable in the project area is carried out in details along with the investigation on physical indices. According to the communications engineering budgetary estimate compilation method and the relevant quota, the consumption volume of materials are determined for the unit price analysis and calculation. The prices of material are determined on the basis of material budget price of the third quarter of 2006 in Liling City. According to the typical analysis on unit price and with reference to the similar project, unit price of rebuilding compensation for post line with of HYA3-0.5 type cable in the project area is determined to be 50000 yuan/km, please see Table 4.3-13 for details.


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Unit Price Analysis Table of Per Km. 380V Electric Line Table 4.3-12

Unit Price (yuan) Amount (yuan) No. Name of Cost Specification (ratio) Unit Quantity

Sub-total Wage Material Machine Sub-total Wage Material Machine Remarks

Total 27493

The compensation standard rounding is 27500 yuan/km.

I Material cost 11861

(1) Main material cost 10783

1 Concrete pole YB-15-7 Piece 20 245 4900

2 Wire LGJ-16/3 kg 274 16 4384

3 Four lines cross arm ∠50×5×1500 Set 20 40 800

4 Butterfly ceramic bottle ED-2 Piece 160 1 160

5 Encircling BGR-R80 Piece 20 11 220 6 Guy wire GJ-35 kg 6 7.5 45

7 Guy anchor LP-04 Block 2 50 100

8 Pull rod φ15*2500 Piece 2 32 64

9 Guy anchor ring UM22 Piece 2 28 56


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10 Material loss % 0.5 54

（2） Supplementary material cost

10% of the main material cost 1078

II Installation

Cost 15632

（1） Site transportation 4009 2940 34 1035

1 Manpower

transportation Average run distance 1km tkm 8.59 230 230 1976 1976 0 0

2 Truck material

handing t 8.59 47 7 4 36 403 60 34 309

3 Truck transportation Rund distance 50km tkm 429.5 1.15 0.15 1 494 64 0 430

4 Terrain

adjustment and increase

40% of item 1 to item 3 % 40 2100 739 1136 840 296

（2） Earth and rock

work 1045 425 462 158

Pole pit 0.8*0.8*1.5 m3 11.52 86 35 38 13 991 403 438 150 Guy wire pit 0.4*0.8*2 m3 0.64 86 35 38 13 54 22 24 8

（3） Upright

stuchion and lay wire

2133 1184 525 424

1 Upright the cement pole Piece 20 46.2 29.3 2.7 14.2 924 586 54 284

2 Cross arm

installation Group 20 9.4 7.2 2.2 188 144 44 0


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3 Fabricate the guy wire Group 2 11.6 10 1.6 23 20 3 0

4 Installation of

guy anchor Block 2 5 5 10 10 0 0

5 Lay the wire km/single wire 4 247 106 106 35 988 424 424 140

(1) to (3) in total 7187 4549 1021 1617

（4） Basic direct

cost % 22 4549 1001

（5） General cost % 53.3 4549 2425 （6） Planned profit % 49.2 4549 2238 （7） Adjustment of

labor cost % 27.27 4549 1241 （8） Far place

adding cost % 11.48 4549 522

（9） Tax 3.348% of item (1) to (8) % 3.348 14614 489

（10） Labor

insurance fundes

3.5% of item (1) to (9) % 3.5 15103 529


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Unit Price Analysis Table of Average Per-Km. Telecommunication Line

Table 4.3-13 Electric Cable HYA3-0.5

No. Name of Cost Specification (ratio) Unit Quantity

Unit Price (yuan)

Amount (yuan)

Remarks

Construction installation project cost

49541.4

The compensation

standard rounding is

50000 yuan/km.

I Direct project cost 46825.4

(1) Direct cost 44263.4 1 Labor cost 1726

（1） Technical staff cost Workin

g day 70 16.8 1176

（2） Common labor cost Workin

g day 50 11 550

2 Material cost 42537.4

（1） Main material cost 42116.4

Power pole 20 2700 8m Concrete pole Piece 0 7m Concrete pole Piece 0 6m Concrete pole Piece 20 135 2700

Galvanized

stranded wire 1403.4

Lifting rope (7/2.2) kg 228 5.65 1288.2

Guy wire (7/3.0) kg 16 7.2 115.2

Transmitting wire 36900

Optical fiber cable m 0

Electric cable m 1000 36.9 36900 Coupler 45mm Piece 1420 0.34 483

Anchor tie steel handle Piece 4 26 104

Concrete

capstan Block 4 42 168

Fish-plate Piece 20 7.65 153 Single-suspend

ed encircling Piece 20 16 320

Outdoor junction box Piece 1 38 38


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Unit Price Analysis Table of Average Per-Km. Telecommunication Line

Table 4.3-13 Electric Cable HYA3-0.5

No. Name of Cost Specification (ratio) Unit Quantity

Unit Price (yuan)

Amount (yuan)

Remarks

Junction box tee metal Piece 1 15 15

(2) Supplementary material cost

5% of main material cost 421

(II) Other direct cost 1762

1 Instrument

working cost Instrument

用

4% of technician staff cost 47

2 Production tool

working cost Production tool working cost

12% of technician staff cost +2% of

common labor cost 152

3 Project vehicle working cost


4 Site equipment moving charge


5 Mobile

construction subsidy

4.8yuan/day for technician staff cost 280

6 Project

interference cost

10% of labor cost 173

7 Labor cost price difference

8.8 for technician staff， 4 for common

staff cost 816

(III) Site cost 800

1 Temporary Facility cost

22% of technician staff cost+ 10% of common labor cost

314

2 Site

management cost

32% of technician staff cost+ 20% of common labor cost

486

II Indirect Cost 48% of technician staff cost 564

III Planed profit 30% of labor cost 518

IV Tax 3.41% of item 1 to 3 1634

4）Broadcasting facilities

With the reference to the compensation standard for other projects, the unit price of broadcasting line rebuilding compensatory of the project is determined as RMB 35000 yuan/km.


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5）Hydraulic Facilities

According to the replacement calculation and with the reference to the compensation standard for other projects, the reconstruction of a pond in the project area is determined as RMB 30000 yuan; that of a pumping station is determined as RMB 15000yuan; that of a canal is determined as RMB 45000yuan. The reconstruction compensation standard for the special facilities is shown in Table 4.3-14.


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See table 4.3-14 for reconstruction compensatory standard of special item of the project.

Summary of the Compensation Standards for Special Facilities in Liling City Urban Flood Control Project

Table 4.3-14

Item Sub-Item Unit Compensation Standard (yuan) Remarks

I. Traffic Facilities Cement Street m2 200 II. Facility of power transmission and transformation

380v low voltage line km 27500

Transformer Place 3000 Only calculate the

expenses of removal and installation

III. Telecom Line Cable HYA3-0.5 telephone line km 50000 IV. Broadcast line km 35000 V. Water Resources Facility Hill pond mu 20000 Pumping station Place 15000 Channel km 45000

4.4 Table of Entitlement Matrix According to the on-spot investigation conducted by PMO and resettlement design unit, main impacts on land acquisition and demolition have been confirmed on the basis of natural loss, and entitlement matrix table can be used as the basis of paying the compensation. For details, see Table 4.4-1.


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Rights and Interests of Relocatees in Liling City Urban Flood Control Project

Compensation Standard (yuan/Unit) Affected Type

Affected Object Policy of Land Acquisition and Resettlement Compensation Item Standard (amplitude)

Urban Residential Houses and Auxiliary Facilities Brick concrete structure 466 yuan/m2 （434～541）

Brick wood structure 393 yuan/m2（354～432） Simple structure 60 yuan/m2

Auxiliary Facilities Bounding Wall 15 yuan/m2 Cement Sunny Ground 10 yuan/m2

Well 200 yuan/set Telephone reassembling 200 yuan/set

Air conditioner reassembling 200 yuan/set

Infrastructure Compensation Site-leveling, drinking and lighting 1500 yuan/person

Demolition Subsidy

Moving charge 150 yuan/person

Living allowance 100 yuan/person

Temporary house subsidy 200 yuan/person

Urban

residential house and accessorial

building

Relocatee

1.The compensation of all the houses shall be obtained according to replacement value, and no depreciation charge is allowed. Available materials belong to the relocatees, and they also can use them to build new house. These compensation rates will be used by the resettlement office as the lowest limit. The implemented compensation rates will be based on actual appraised values in the project areas. 2. Resettlement institution shall help the rural relocatee to get the new housing plot in his own group, each person shall get 1800 yuan for the infrastructure including ground leveling, water drinking and lighting. 3. The resettlement plan respects the idea of the majority of relocatees. Self-demolition 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. All the urban residential houses shall be compensated according to the mode of cash resettlement in principle, the section of land is compensated as 60 yuan per square meter, and compensation standard for the section of construction complies with the replacement value. 5. 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, but the max. cannot exceed the 20% of the original house price. 6. 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, medical expense, temporary house transfer and second-time moving charge. And the transfer period is three months. 7. Effective measures shall be employed by the resettlement institution in the course of implementation to help the vulnerable (the old, the handicapped, the weak and woman-headed households): 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 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. 8. Compensation fee for house shall be paid to the relocatee 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. 9. The resettler can lodge appeal for any aspects of the resettlement, including the compensation standard. No expense shall be paid to the organ dealing with resettlers’ appeal.

Second Moving Charge 150 yuan/person


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Compensation Standard (yuan/Unit) Affected Type Affected Object Policy of Land Acquisition and Resettlement Compensation Item Standard (amplitude)

The compensation unit price for houses with different structures shall be calculated based on the compensation

standard of the urban residential houses and auxiliary facilities.

Non-residential house and its accessorial

building

Enterprises and institutions

1. All enterprises and institutions affected by the project are planned to be relocated and rebuilt by themselves, and the PMO shall discuss with the related units about the compensatory standard and relocating and rebuilding time. All the costs needed by 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. Labor resettlement in the course of resettlement shall be paid in unpredictable costs by the PMO. The labor force arrangement cost occurred during the resettlement will be paid by the project executive agency using the contingency. 2. All the non-residential houses are compensated according to the mode of cash resettlement in principle. The compensation standard for construction section shall be executed with reference to the replacement values of the urban residential houses, and no depreciation will be deducted. These compensation rates will be used by the resettlement office as the lowest limit. The implemented compensation rates will be based on actual appraised values in the project areas. 3. Moving allowance for enterprises and institutions during the course of relocation is calculated at 25 yuan/m2 according to the area of non-residential house needed to be removed. However, since the affected enterprise had already closed, no moving allowance will be provided. 4. In the project area, there is 1 enterprise in need of partly relocation and reconstruction, which has shut down, so the project construction also won’t affect its normal production and operation.

Subsidy fee for house removal 25 yuan/m2


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Affected Object Policy of Land Acquisition and Resettlement Compensation Item Standard

(amplitude)

Industrial land use 25092 yuan/mu Permanent land

acquisition State-owned land

1. The compensation standard for the enterprise land is the same as that of adjacent paddy fields, the enterprise in need of reconstruction, shall be paid with relocation allowable on the basis of the reconstruction land categories.

Residential land use It is calculated in

the urban houses.

Paddy Field 22517yuan/mu

Commercial vegetable land 49280 yuan/mu

Garden land 21960 yuan/mu

Permanent land acquisition

Collectively owned

land

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 relocatee will obtain young crop cost and ground adhesion matter compensation cost an so on; What’s more, If the land readjustment 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 land compensation fee and the resettlement subsidies should be controlled for utilization by the villager’s group collective. On the contrary, if there is no possibility to carry out land readjustment or land tidying or development, and the relocatee has not got any production materials, the village group shall pay the resettlement subsidy and 75% of land compensation to them. 2. Land compensation fee and resettlement subsidy shall be used in the livelihood rehabilitation of relocatee 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. The compensation standard for cultivated land acquisition is calculated based on the average output value per mu of the previous three years before the land acquisition. Compensation of cultivated land acquisition and multiple of resettlement subsidy shall be in accordance with the quantity of per capita cultivated land area 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 land, villagers’ housing plot and other unused land shall be compensated properly with reference to the stipulation of cultivated land acquisition. 4. The land compensation fee shall be paid to the village collective unit or land contractor before the land acquisition. 5. Land redistribution shall be carried out in slack season. For all the farmers that lost the land because of the project, they will acquire new land through land redistribution. 6. The migrant 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 migrant workers are willing to stay at this locality for earning a living, the project executive agency will help them rent the near land for cultivation.

Pond 15518 yuan/mu


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Affected Object Policy of Land Acquisition and Resettlement Compensation Item Standard (amplitude)

Dry Farmland 5707 yuan/mu

Dry farmland 6031 yuan/mu Temporary land

Contractor

1. The compensation fee for temporary land includes young crops cost, land loss compensation cost and reclamation cost. Time limit of the temporary land is set at two years. 2. The compensation fee for land loss is mainly used for compensating total amount of output or income of landowner from the original land. And the compensation fee for land loss shall be determined according to the annual output value and occupation time: dry farmland is 2160 yuan/mu, shrub land is 918 yuan/mu; young crop costs are as follows: dry farmland is 432 yuan/mu, and shrub land is 459 yuan/mu. 3. After the construction, the land occupied shall be rehabilitated and returned to the village affected by the project. Temporarily-occupied dry farmland shall be reclaimed and the reclamation cost is 3439 yuan/mu.

Shrub land 1337 yuan/mu

Cement street 200 yuan/m2 380V low voltage line 27500 yuan/km

Transformer 3000 yuan/place Telecom line 50000 yuan/km

Broadcast line 35000 yuan/km Pond 20000 yuan/km

Pumping station 15000 yuan/km

Special

facility

Owner of

property

right

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 compensation funds for the each department in charge of special facility to organize the implementation.

Channel 45000 yuan/km


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5. Resettlement and Rehabilitation Measures

5.1 Resettlement Objectives 5.1.1 General Objectives

Make proper compensation and appropriate resettlement in order to insure the productivity, income level and living conditions of the affected people could be restored or improved.

5.1.2 Resettlement Tasks 1) Economic Rehabilitation Populations

As the project is distributed in linear shape along the Lujiang River, for most affected persons, they would only lose a small part of lands. According to the site investigation and statistics, 39.6mu cultivated land will be occupied permanently by the dike construction in this project, 27 households (105 persons) are actually affected by land acquisition in the project, averaging 0.18 mu cultivated land per person. In terms of number of people who need economic rehabilitation, which refers those who would lose all their farmland holding. It is calculated by dividing amoun of acquired farmland in each affected village group by the per capita farmland holding in that village group. The calculation formula is as follow: K= L/P Where: K stands for the number of people who need economic rehabilitation in every villagers group. L stands for the area of occupied cultivated land due to the project in every villagers group; P stands for the existing per capita cultivated land in every villagers group; According to the above formula,there are 76 agricultural populations need economic rehabilitation. The calculation of economic rehabilitation population in every villager group in the project affected area is shown in details in Table 5.1-1.

2) Resettlement Population of House Demolition and Relocation According to on site investigation, 4 towns (sub-districts) and 8 villages (residential committees) will be affected by the demolition of this project, 1994 persons in 544 households, who are non-agricultural population, will be relocated; houses of 43647 m2 shall be demolished. All of these people have to remove and built new houses. The statistics of resettlement population of house demolition and reconstruction in the project area is shown in details in Table 5.1-2.


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Calculation of the Resettlers by Economic Rehabilitation Table 5.1-1

Basic Condition

Farmland（mu） Situation for the Farmland Occupation County

（District）

Township（Town） Village Group Agricultural

Population （Person） Subtotal Paddy Field Dry Land

Commercial Vegetable Plot

Cultivated Land per capita

(mu/ person) Subtotal Paddy Field Dry

Land Commercial

Vegetable Plot

Acquisition Percent （%）

Cultivated landcapita after the

acquisition

Liling City

12 3920 2084.5 907.3 174.2 1003 0.53 39.6 25.2 14.4 1.89 0.52

Lailongmen 3 1483 790 790 0.53 3.2 3.2 0.53

Dingjiafan

g 3 1483 790 790 0.53 3.2 3.2 0.53

11 214 142 142 0.66 1.5 1.5 0.66

13 873 388 388 0.44 0.8 0.8 0.44

14 396 260 260 0.66 0.9 0.9 1.52 0.65

Xishan 2 159 61 61 0.38 2.5 2.5 2.63 0.37

Xishan 2 159 61 61 0.38 2.5 2.5 2.63 0.37

4 72 26 26 0.36 1.7 1.7 5.56 0.34

5 36 15 15 0.42 0.8 0.8 7.14 0.39

Yangshanshi 5 2136 1179.5 907.3 174.2 98 0.55 29 25.2 3.8 1.82 0.54

Yangdon

g 2 470 370 324.8 45.2 0.79 14 10.2 3.8 3.8 0.76

8 103 84 53.4 17.6 13 0.82 10.3 6.5 3.8 12.2 0.72

9 367 299 271.4 27.6 0.81 3.7 3.7 1.23 0.8

Lisan 1 206 127.5 84.5 43 0.62 4.5 4.5 3.23 0.6

7 206 127.5 84.5 43 0.62 4.5 4.5 3.23 0.6

Qishi 2 1460 682 498 86 98 0.47 10.5 10.5 2.13 0.46

2 956 428 324 51 53 0.45 6.3 4.3 2.22 0.44


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Calculation of the Resettlers by Economic Rehabilitation Table 5.1-1

Basic Condition

Farmland（mu） Situation for the Farmland Occupation County

（District）

Township（Town） Village Group Agricultural

Population （Person） Subtotal Paddy Field Dry Land

Commercial Vegetable Plot

Cultivated Land per capita

(mu/ person) Subtotal Paddy Field Dry

Land Commercial

Vegetable Plot

Acquisition Percent （%）

Cultivated landcapita after the

acquisition

4 504 254 174 35 45 0.5 6.2 6.2 2 0.49

Huangni’ao 2 142 54 54 0.38 4.9 4.9 7.89 0.35

Wulidun 2 142 54 54 0.38 4.9 4.9 7.89 0.35

3 97 38 38 0.39 2 2 5.13 0.37

5 45 16 16 0.36 2.9 2.9 19.44 0.29


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Statistics for the Population Resettled by Building Houses in Liling City Urban Flood Control Project Table 5.1-2

Affected Population by House Demolition Population in Need of Building Houses in other Places House Type Sub-district Village（Residential Committee）

Number of Households Number of Person Number of Households Number of Person

Urban Residence 4 8 544 1994 544 1994

Lailongmen 3 286 1060 286 1060

Shangzhou 38 122 38 122

Shengli 116 435 116 435

Wenmiao 132 503 132 503

Xishan 1 103 370 103 370

Nanmen 103 370 103 370

Yangshanshi 3 126 467 126 467

Yangsan 3 13 3 13

Xiangyang 34 128 34 128

Quanhu 89 326 89 326

Huangni’ao 1 29 97 29 97

Wulidun 29 97 29 97


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5.1.3 Affected Population Due to the Temporary Land Acquisition The areas of temporary acquisition lands in this project total 120mu, including dry lands of 27.6mu, shrubbery of 45.2mu and waste grassplot of 47.2mu, and actually affect 97 persons in 24 households in 4 villager groups, 5 administrative villages. During the period of temporary land occupancy, the affected villagers will get the compensation by years. After construction period, the measures of affected land recovery, planting measures and the temporary pile stock yard for the cultivated soil will be cooperated into the water & soil conservation design. The temporarily acquisitioned land will be reclaimed by use of the reclaimed cost and leveled, then returned to the affected farm.

5.2 General Strategy of Rehabilitation The construction of Liling City 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 townships (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 has been established as follows: 1) According to the requirement of overall urban planning of Liling City, no housing plot will be arranged for

affected urban residents who shall be relocated by means of property rights transposition and cash compensation.

2) The affected people (needing economic rehabilitation) will be resettled within their villager’s groups. The

economic rehabilitation based on land will be achieved by readjusting village group remaining farmland, developing new productive projects and allocating resettlement subsidy.

5.3 House Relocation 5.3.1 Choice of Rehabilitation Method

In May, 2006, the resettlement design unit carried out the on-site investigation, optimization and demonstration in collaboration with County PMO and the local governments at various levels. According to the practical situations of project-affected area and resettlers’ opinions, the mode of scattered resettlement in their existing village has been adopted for the resettlers’ relocation in this project. A contract will be signed between the relocatee and the project sponsor and resettlement implementation agency.The relocatee has the right to choose resettlement method and resettlement locations upon their willingness.

5.3.2 Principle and Procedure for Selecting Resettlement Sites 1) Principles

The aim of rehabilitation of housing condition is to provide the relocated households with safe, convenient and graceful living environment. ① The new residential areas should have good terrain and geological conditions and reliable drinking water

source. ② The 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. ④ Save land, especially the cultivated land, as much as possible. ⑤ Take the future population increase into account and leave rooms for further development. ⑥ The distribution of houses in the residential areas should be based on the terrain conditions and take the

lighting, ventilation, sanitation and greening conditions into account. ⑦ The design of houses should meet the requirements of the relocatees and their financial abilities.


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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 representatives of relocatee and local government, taking the relocatees’ living and production conditions into account.

5.3.3 Planning of Demolition and Housing

Within the area of Liling City, a total of 1,994 persons, who are non-agriculture population, in 544 households in 4 townships (town, sub-district) and 8 villages (residual committee) of Lailongmen, Xishan, Yangsanshi and Huangni’ao; houses of 43647 m2 shall be demolished. Districts affected by the project construction. The mode of rehabilitation is concentrated resettlement by property rights transposition. According to the investigation of resettlers’ will, 1994 resettlers in 544, who are non-agriculture population, will be affected by the demolition of this project, would like to choose exchange of property rights, they ask for the resettlement houses that occupy the same area as the former one under the uniform arrangement of the government. According to the principle of “unified planning, unified design, unified distribution, unified management and unified construction” in Liling City Urban Planning, the Project Executive Agency and Implementation Agency of land acquisition and house demolition will cooperate with local government to decide and develop new centered resettlement sites, and build the flat-type residents for the resettlers’ selections. According to the spot-investigation by Municipal PMO and Resettlement Design Unit, and consultation results of local governments at all levels, some relevant units and resettlement representatives, the specific compensation resettlement of exchange of property rights of this project are shown in the following: a) Two new resettlement sites by transposition of property rights under this project are initially set at Shiziling in the north city and Bishanling in the south city, which cover an area of 150mu. It is proposed to design the building density of 2.1, the landscape ratio of 38.1%, the unit-type houses of 12 buildings with 600 sets and 62 shops, and the building area of 80000m2. The condition for transportation, water source and power supply are convenient; b) The flat types of new resident are varied: two rooms with a reception room (65 m2), two rooms with two reception rooms (80 m2), three rooms with two reception rooms (95 m2), and four rooms with two reception rooms (120 m2), equipped with kitchen and washroom; c) The standard for new houses is uniform door and window installation, uniform decoration of external walls, as well as cement ground, putty inner wall, and sufficient water and power supply; d) If the compensation building area of exchange of property rights is the same as the building area of the demolition house, the calculation of price difference won’t be conducted: if the compensation building area is smaller than the former building area, the compensation for short part will be calculated at the price of commercial housing (450 yuan/m2); if the compensation building area is larger than the former building area (the over area is smaller than the 15% of the former building area), the compensation will be calculated at the price of replacement value (381 yuan/m2), and if the compensation building area is larger than the former building area (the over area is larger than the 15% of the former building area), the compensation will be calculated at the price of commercial housing (450 yuan/m2); e) The new houses after property rights exchanging could only be sold in the market after the completion of commercial housing sales by the developer. More details about demolition and housing in the project area are shown in Table 5.3-1.


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Plan of House Building for Resettlement under Urban Flood Control Project in Cili County

Table 5.3-1

Total Relocatees（Person） Resettled by By property rights exchange County

(City) Town

(Sub-District) Village Group Number of Households

Number of Person Relocatees Site

Remarks

Liling City 544 1994 1994

Lailongmen 286 1060 1060

Shangzhou 38 122 122

Riverside 38 122 122 Shiziling of Chengbei

Shengli 116 435 435

11 12 49 49 Shiziling of Chengbei



Wenmiao 132 503 503







Xishan 103 370 370

Nanmen 103 370 370

5 32 99 99 Bishanling of Chengnan



Yangshanshi 126 467 467

Yangsan 3 13 13


Xiangyang 34 128 128


Quanhu 89 326 326



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Plan of House Building for Resettlement under Urban Flood Control Project in Cili County

Table 5.3-1

Total Relocatees（Person） Resettled by By property rights exchange County

(City) Town

(Sub-District) Village Group Number of Households

Number of Person Relocatees Site

Remarks



Huangni’ao 29 97 97

Wulidun 29 97 97


5.3.4 Infrastructure and Public Facilities

Two resettlement sites in the south and north city can relocate 1994 persons in 544 households, and relevant departments will make a planning for these sites, including the infrastructures.

5.3.5 Assistance in Resettlement

The land acquisition and resettlement implementation agency will be responsible for assisting resettlers at every aspect during the entire process of the resettlement: 1) Understand and try to satisfy the resettlers’ needs before the resettlement. 2) Help the resettlers dealing with their troubles such as arranging the vehicles and assisting the remove during

the process of resettlement. 3) To know that whether resettlers satisfies with the living conditions in their new houses and where are their

difficultoies and try to solve their problems in time after the resettlement. 5.4 Livelihood Rehabilitation of Resettlers 5.4.1 Environmental Capacity Analysis

The environmental capacity of resettlement area is refers to the number of resettlers that an area can support and absorb with normal economic and ecological sustainability. 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 same villages, 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 increase investment on agriculture, improve fertility of field, change variety of crops, transform low-yield fields and change dry farm lands into paddy fields. The comparison and analysis on the change of land holding among affected villages and groups before and after the land acquisition (See Table 5.2-1) indicate: 6 affected villages need economic rehabilitation, of which the farmland per capita will be reduced from 0.53 mu/person to 0.52 mu after land acquisition, with average reduction of 0.01 mu/person decreased or proportion of 1.89%. 1) After land acquisition, 2 villager groups out of 12 ones in 6 villages will suffer farmland acquisition proportion of

10%~20%, and other 10 will be 10%. 2) Among 12 villager groups, there are 5 groups with their surplus farmland per capita over 0.5mu after land acquisition, of which the 9th Group in Yangdong village possesses the most, averaging 0.8mu per capita. Among


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these affected groups, 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 measures, including increasing investment on low yield field, improving soil fertility, adjusting farming system, replanting improved crops variety, building irrigation facilities, and reinforcing field management, shall be adopted to full exploitation for the potential in increase of production level and unit area yield of current cultivated land, so as to reach the resettlement target value. However there are 7 villager groups with their average farmland below 0.5 mu per person after land acquisition. Among them, 5th group in Wulidun of Huangni’ao Village has the largest reduction with 19.44% of loss, with the land holding being 0.29 mu/person and part of farmland undertaken by farmers is affected by the land acquisition. There is small quantity of occupied farmlands, but with relatively large percent of reductions. 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 resettlers 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 development (such as animal husbandry development), so as to increase their income, as well as improve their poverty situation. Therefore, the Resettlement Plan shall be established based on the land and encouraging the resettlers to engage in original sectors, so as to create a favorable condition for development of secondary and tertiary industries, and consequently satisfy the environment capacity in the project affected area.

5.4.2 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 strategy was established. For those village groups with sufficient land holdings after land acquisition (5 village groups out of 12 with per capita land holding being 0.5 mu or more after land acquisition), land readjustment will be carried out, which will ensure adequate landholding will be available for all affected persons. The investment standard for developing the secondary and tertiary industries will be based on degree of land loss among affected people, averaging about RMB RMB 15,000 per person.

5.4.3 Economic Rehabilitation Planning

In May, 2006, the resettlement design unit and the county PMO, together with the relevant department, conducted the on-site survey on the project affected land, water surface, and other natural resources. In the course of resettlement planning and project impact investigation, the consultation meeting with the project affected township (sub-district), village cadres, and some resettler representatives have been held, and the economic rehabilitation schemes for resettlers was discussed. Through the analysis on the geographic locations, 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 for 19.53 mu to resettle 28 persons; and 48 persons will be resettled by developing the second and tertiary industries. See Table 5.4-1 for details of resettlement economic rehabilitation in groups.

Summary of Economic Rehabilitation Planning Table 5.4-1

Town (Sub-district)

Village (Residential Committee)

Group Total

resettlement population

Resettlement by agriculture Resettlement by

the secondary and tertiary industries


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Farmland adjustment

Area (mu) Resettlers Resettlers

4 6 12 76 19.53 28 48

Lailongmen 1 3 5 1.97 3 2

Dingjiafang 3 5 1.97 3 2

11 2 1.32 2

13 2 2

14 1 0.65 1

Xishan 1 2 7 7

Xishang 2 7 7

4 5 5

5 2 2

Yangsanshi 3 5 51 17.56 25 26

Yangdong 2 18 13.36 18

8 13 9.36 13

9 5 4 5

Lisan 1 7 4.2 7

7 7 4.2 7

Qishi 2 26 26

2 14 14

4 12 12

Huangni’ao 1 2 13 13

Wulidun 2 13 13

3 5 5

5 8 8 1) Adjust Cultivated Land Within the Affected Groups According to survey, 5 villager groups affected by project in project area would like to choose the economic rehabilitation mode of re-allocating the cultivated land in the group. The land acquisition impact is not evenly affected within these village groups. The cultivated land per capita after land acquisition is between 0.6 mu per person ~ 0.8 mu per person. The affected villagers are accustomed to make a living on the farmland, and lack other skills of making a living, they would like to keep their traditional production mode and means of living. In the overall project planning, there are 19.53mu cultivated land will be adjusted within the villager group to reselle 28 resettlers. After adjustment of cultivated land, the cultivated land per person in this group will be reduced slightly. In order to keep relocatees’ income level increasing as other villagers’, it is necessary to develop further potential capacity of the remaining cultivated land. By following the principle of making up shortage of quantity with improved quality, the yield and output value of the remaining cultivated land will be enhanced. The cultivated land in the project scope are mainly located along the river, which are are often inundated by flood, the actual yield is considerably low, and the flood standards will be improved after project implementation. In this project, together with the implementation of agricultural structure adjustment, some agricultural technicians shall be invited to provide


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agricultural technique training for rural relocatees and to guide them to adopt the measures of “improving low yield land and changing dry farmland into paddy field”. As a result, the unit output value and the cultivated land capacity could be improved, which means that under land readjustment among affected village groups, all affected persons could have successful economic rehabilitation and resotred their income and livelihood. 2) Development of the Second and Tertiary Industries According to the investigation, 7 groups possess a small amount of surplus farmland, so it is unable to adjust the farmland in groups or in villages. Considering these groups are close to the urban area, and many people engaging in the secondary and tertiary industries have high enthusiasm, so it is proposed to relocate 48 persons by developing the secondary and tertiary industries. As the resettlement scheme of the project area is determined based on the opinions of most resettlers, some resettlers will disagree with the proposed resettlement scheme for 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 income generations, namely, they have fixed operation sites in other places, applicable operation skills and production equipment, or relatively steady income resources, or 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 will sign the resettlement agreement, receive the notarial certificate and go through other procedures during the project implementation process, the resettlement subsidies and land compensation 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 make them to continue agricultural production.

5.4.4 Investment of Economic Rehabilitation 1) Farmland Readjustment The farmland in the project will be adjusted with compensation. According to the compensation unit price of the land in the project, the paddy field is calculated as 25092 yuan/mu. It is planned that the paddy field of 19.53mu will be adjusted and the fee for the land adjustment will be CNY 0.49 million. 2) Non-Farm Resettlement For the affected farmers, the cash compensation measures will be selected for the non-resettlement resettlement mode; the affected farmers can undertake other non-farm activities, such as doing business, animal husbandry and transportation industry 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 0.72 million yuan. 3) Total Investment for Economic Rehabilitation of Resettlers Based on the above analysis and calculation, a total of RMB 1.21 million yuan is needed for economic rehabilitation for the project. Detailed information is shown in Table 5.4-2.

Estimate of Investment for Economic Rehabilitation Table 5.4-2

Item Unit Unit price (yuan) Qty. Investment (10000 yuan) Remarks Total 121 1. Agricultural Resettlement 49 1.1 Adjustment of the farmland mu 25092 19.53 49 Resettle 28 persons 2. Resettle by the second and tertiary industries

15000 48 72 Resettle 48 persons

5.4.5 Balance between Resettlement Budget and Production Investment

According to the relevant resettlement articles written as follows: “Land compensation fee and resettlement subsidies are used by the units with land acquired for production rehabilitation and development, and arranging the employment for the surplus labor forces caused by the land acquisition and livelihood subsidies for people


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incapable for work. It can also be contracted to the county (city) and be unifiedly allocated by the county (city) for land exploitation, resettlers’ production and livelihood resettlement for resettlers. But these special funds must be specially used. The funds shall not be privately shared or used for other purposes.” In case that the land compensation and resettlement subsidies cannot meet the requirements of resettlers’ 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 production resettlement. According to the resettlers’ production resettlement planning, the required production resettlement population in this project is involved with 76 persons. The investment on production development project totals up to RMB 1.21 million yuan. The permanent collective land acquisition compensation fee and subsidy compensation fee in the project area is RMB 1.342 million yuan in total, which is a little more than the investment required for its production resettlement. This indicates that the land compensation standard is relatively suitable, and can meet the fund requirement of resettlers’ production resettlement. The fund margins can be unitedly used for continuous development by each village group, such as launching village-owned enterprises, land resources development and used as fund investment for other projects as improving low-yield farmland and converting dry farmland to paddy fields, etc., so as to ensure the resettlers’ living standard to reachs or exceed their original standard.

5.4.6 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. Any labor output project in the municipal area will give priority to the affected persons.

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. The project construction will afford some employment chances including land levelling and landscape works. Though some project tasks will be temporary, the income of the construction workers is 800~1200 yuan/month according to the investigation on the income of the same work type and the local resettlers will be given short-term incomes which will be useful to enhancing living level of affected people and restoring their income and livelihoods.

5.5 Rehabilitation Planning for Resettlers of Resettlement Villages The resettlement planning is different from village to village because of the different impact caused by project construction and difference in land requisition, resources structure, and infrastructural facilities conditions. The resettlement planning of each affected village (excluding the impact of temporary land occupation) is elaborated as follows:

5.5.1 Xishan Village of Xishan Sub-district

1) Current State Xishan Village, an administrative village governed by Xishan Sub-district of Liling City, is located at the left bank of the Lujing River and the south part of the urban area of Liling City. The whole village is composed of 18 villager’s groups and has 887 households with 2844 persons, of which the non-agricultural population is 2685 persons in 840 households and the agricultural population is 159 persons in 47 households. The total income of the village in 2005 was RMB 12.46 million yuan, of which the income from the agricultural sector was RMB 1.23 million yuan, accounting for 9.87% of the total income. The non-agricultural income is their main source. The net income per capita in 2005 was RMB 4,150 yuan. The agriculture in Xishan Village focuses on planting vegetables that amount to 61mu, of which the greenhouse vegetable is 17mu, and the current per capita cultivated land is 0.38 mu.


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2) Impact by Land Requisition The land requisition will affect 2.5mu of farmland in 2 villager groups of this village. The farmland per capita of these two villager groups will be 0.37mu after the land requisition, reduced by 0.01mu or 2.63%. For details, please see Table 5.2-1. 3) Economic Rehabilitation Measures The permanent land requisition in Xishan Village will actually affect 106 households with 383 persons, of which 7 persons require for economic rehabilitation, and 370 persons in 103 households have to remove and build new houses. Based on the extensive consultation with resettlers and the actual condition of the village, it is decided that the resettlers of the village would be resettled in accordance with the following measures: —— Economic Rehabilitation Measures: Considering the actual conditions that the surplus cultivated land in the village is relatively insufficient, adjustment cannot be carried out within the groups or the village. According to the relevant national policies and measures, the affected farmers will be paid not less than 75% of the land compensation fee and resettlement subsidy, and no more land readjustment. As the village focuses on the non-agricultural production, and many people are engaging in the secondary and tertiary industries with high enthusiasm, this advantage could be utilized for developing the secondary and tertiary industries such as transportation and service for resettling 7 persons, by providing technical training and guidance for the villagers. —— Relocation Resettlement Measures: On the basis of the resettlers’ will, the committee of the village determined that 370 persons in 103 households will be resettled by means of property rights transposition. Based on the principal of “unified planning, unified design, unified distribution, unified management and unified construction” specified in the urban planning of Liling City, the Project Executive agency and Implementation agency of land acquisition and house demolition cooperated with local government to decide Bishanling at the south city to be new concentrated resettlement site. The new housing plot will be arranged by the village collective, and the rebuilt housing plot standard shall not exceed 120m2/household. The resettlers can build and demolish houses by themselves, the losing property will be compensated in accordance with related policies, and necessary livelihood subsidy such as the moving conveyance fee and associated fees for infrastructural facilities at the new housing plot will also be provided. In the process of resettlement, the project implementation agency and village committee will provide necessary assistance.

5.5.2 Yangdong Village of Yangsanshi Sub-district

1) Current State Yangdong Village, an administrative village governed by Yangsanshi Sub-district of Liling City, is located at the left bank of the Lujiang River and the south part of the urban area of Liling City. The whole village is composed of 14 villager’s groups and has 462 households with 1609 persons, of which the non-agricultural population is 1139 persons in 327 households and the agricultural population is 470 persons in 135 households. The total income of the village in 2005 was RMB 6.54 million yuan, of which the income from the agricultural sector was RMB 1.95 million yuan, accounting for 29.82% of the total income. The non-agricultural income is their main source. The net income per capita in 2005 was RMB 3,816 yuan. The agriculture in Yangdong Village focuses on planting paddy (double-crop). The total cultivated land is 370 mu, including 324.8 mu of paddy field and 45.2mu of dry land, and the current per capita cultivated land is 0.79 mu. 2) Impact by Land Requisition The land requisition will affect 10.2mu of farmland in 2 villager groups of this village. The farmland per capita of these two villager groups will be 0.76mu after the land requisition, reduced by 0.03mu or 3.8%. For details, please see Table 5.2-1. 3) Economic Rehabilitation Measures The permanent land requisition in Yangdong Village will actually affect 6 households with 25 persons, of which 18 persons require for economic rehabilitation, and no people will be affected by house demolition. Based on the


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extensive consultation with resettlers and the actual condition of the village, it is decided that the resettlers of the village would be resettled in accordance with the following measures: —— Economic Rehabilitation Measures: The cultivated land per capita of two affected groups will be more than 0.7mu after land acquisition. The affected villagers are accustomed to make a living on the farmland, and lack other skills of making a living, so they would like to keep their traditional production mode and income source. It is proposed to adjust 13.36mu cultivated land within the villager groups to relocate 18 affected persons.

5.5.3 Qishi Village of Yangsanshi Sub-district 1) Current State Qishi Village, an administrative village governed by Yangsanshi Sub-district of Liling City, is located at the left bank of the Lujiang River and the south part of the urban area of Liling City. The whole village is composed of 10 villager’s groups and has 391 households with 1460 persons, all of which are the agricultural population. The total income of the village in 2005 was RMB 5.48 million yuan, of which the income from the agricultural sector was RMB 3.75 million yuan, accounting for 68.43% of the total income and being their main source. The net income per capita in 2005 was RMB 3,752 yuan. The agriculture in Qishi Village focuses on planting paddy (double-crop) and vegetable. The total cultivated land is 682 mu, including 498 mu of paddy field, 86mu of dry land and 98mu of commercial vegetable land, and the current per capita cultivated land is 0.47 mu. 2) Impact by Land Requisition The land requisition will affect 10.5mu of farmland in 2 villager groups of this village. The farmland per capita of these two villager groups will be 0.46mu after the land requisition, reduced by 0.01mu or 2.13%. For details, please see Table 5.2-1. 3) Economic Rehabilitation Measures The permanent land requisition in Qishi Village will actually affect 9 households with 34 persons, of which 26 persons require for economic rehabilitation, and no people will be affected by house demolition. Based on the extensive consultation with resettlers and the actual condition of the village, it is decided that the resettlers of the village would be resettled in accordance with the following measures: —— Economic Rehabilitation Measures: Considering the actual conditions that the surplus cultivated land in the village is relatively insufficient, adjustment cannot be carried out within the groups or the village. According to the relevant national policies and measures, the affected farmers will be paid not less than 75% of the land compensation fee and resettlement subsidy, and no more land readjustment. As the village is close to the urban area, and many people engaging in the secondary and tertiary industries have high enthusiasm, this advantage could be utilized for developing the secondary and tertiary industries such as business, transportation and service for resettling 26 persons, by providing technical training and guidance for the villagers.

5.6 Rehabilitation Plan for Affected Enterprises and Institutions According to the investigation, there are 2 enterprises affected by the land acquisition and demolition, which are showed in the Table 2.3-9 in detail. Through the collective consultation of the units responsible for resettlement planning, city PMO, government agencies in charge of enterprise administration, and representatives of affected employees, it is decided that cash compensation will be provided to the 2 affected enterprises or institutions. As for one of them, only administrative offices or auxiliary production houses will be affected, and no great impact will be made on its normal production and operation, so it is unnecessary to relocate it. The enterprise could rehabilitate such impacts by using provided compensation to rebuild affected structures within their boundaries. The other enterprise has been bankrupted, so rehabilitation and reconstruction is unnecessary. Its affected houses and land can be treated by the enterprise itself after being provided with cash compensation.


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5.7 Planning of Relocation and Reconstruction Special Facilities 5.7.1 Transport Facilities

The project will affect the cement street of 320 m2, which will be reconstructed by moving-back locally based on the price of RMB 200 yuan/ m2.

5.7.2 Transformer Facilities The land acquisition will affect 380KV low-voltage lines of 11.8km, and 3 transformers. According to the project design, the reconstruction of electric line, if the existing lines crosses the embankment, will be carried out by building more higher pole and line and crossing over the embankment; while it affects tendency of electric lines along the embankment, it will be relocated by changing its route and moving back in existing location. The reconstruction of transformer facilities will be designed and in charged by electric department in Cili County after cash compensation.

5.7.3 Water Resources Facilities

The project construction will try to avoid the damage on existing ponds, pumping stations, canals and other field water conservancy facilities. Based on the project design, the affected ponds will be compensated with cash, the affected pumping stations will be reconstructed by moving back, and the affected canals will be properly compensated and then rehabilitated their function in the farmland irrigation and drainage system. This work shall be completed in the early stage of the project by construction unit assigned by the PMO, which will not influence the production and livelihood of local residents.

5.7.4 Telecom Lines The land acquisition of the project construction will affect 12.9km of HYA3-0.5 telecom lines. The reconstruction of telecom lines will be carried out by building pole and line higher and crossing over the embankment, if the existing telecom lines cross the embankment; while it affects the tendency of telecom lines along the embankment, it will be relocated by changing its route and moving back in existing location. The reconstruction of telecom facility will be designed and in charged by telecom department in Liling City.

5.7.5 Broadcasting Facilities The land acquisition of the project construction will affect 3.8km of broadcasting lines, which mainly extend along the designed dike. It is proposed to reconstruct these lines by changing their routes and moving back in existing location. The reconstruction of broadcasting lines will be designed and in charged by the broadcasting and TV department in Liling City.

5.8 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 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 allowance standard shall be subject to the actual situation and their needs. The detailed measures are given as follows: CNY 3000 yuan/household will be provided to the poor families for as the subsidy fee for the construction of houses; and CNY 600 yuan/person will be provided as the subsistence allowance so as 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


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those elderly living alone, disabled, and women headed households.

For the 22 affected households with 84 persons, the allowance standard will be determined by the real situation and their needs. 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 support 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.


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6. Institution and Responsibilities 6.1 Resettlement Engaging in the Resettlement Planning

The investigation of demolition and resettlement planning of the project are completed jointly by the resettlement consultation unit organized by Key Project Management Office of Hunan Province Water Resources Department and related resettlement design units. Liling City People’s Government and Water Resource Bureau assigned their staff to join in the work of investigation and planning. Township (town, sub-district), village (residential committee) and group affected by the project arranged the leaders and the masses to join in the investigation and planning.

6.2 Institutions and Responsibilities of Resettlement Implementation Management 6.2.1 Institutions

Special resettlement Offices shall be set up in Hunan Provincial Project Office and Liling City PMO in order to manage the resettlement implementation work. There are about 1 to 8 persons in Project Resettlement Office. Because of the high sociality of the resettlement work, the Project Management Office at all levels should be formed by the persons from government, land administration, planning department and agricultural department. A person with rich management work experience will be the leader of the project resettlement office (PRO). There will be 1 to 2 main leaders in the townships (towns, Sub-Districts) and villages (residential committee) affected by the Project. One government leader and Land Administration Station leader will take charge of it in town, township and Sub-District, and village head or director will take charge of it in village and residential committee. See Fig. 6.2-1 for the Frame of Project Resettlement Institutions.

6.2.2 Responsibilities 1) Project Resettlement Leading Group of Hunan Province

Leaders from Hunan Provincial People’s Government, Hunan Plan Committee, Hunan Water Resources Department and Provincial Loans Project Execution Office who are in charge of the project will be appointed to constitute the “Project Resettlement Leading Group of Hunan Province”. And its main responsibility is to strengthen the leadership in the project, and to coordinate and to organize the relation of resettlement institutions at all levels.


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ADB Loans Project Management

Office of Hunan Province

Project Resettlement Leading Group of Hunan Province

Project Resettlement Management Office of Hunan

Province

Liling City ADB Loans Project

Office

Project Resettlement Leading Group of Liling

City Resettlement Design

Unit

Independent Monitoring and

Evaluation Institution

Liling City Project Resettlement Implementation Management

Office

Township (town, Sub-District) Resettlement Implementation

Management Office

Village Committee or Residential

Committee and Village’s group

Resettlement Household

Fig. 6.2-1 Frame of Project Resettlement Institution


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2) ADB Loans Project Office of Hunan Province

The main responsibilities of ADB Loans Project Office of Hunan Province are to organize the work of project Resettlement and the planning, to take charge of the policy compilation of resettlement activities of the project, and to organize and coordinate the relation of resettlement institutions at all levels. Provincial Project Management Office will be set up under Provincial ADB Loans Project Office to deal with everyday affairs.

3) Resettlement Management Office of Hunan Province Resettlement Management Office of Hunan Province is constituted by Loans Project Execution Office, and its main responsibilities are to strengthen the leadership in the course of project implementation in Hunan Province, and to coordinate the working relation among the cities in Hunan Province and guarantee the construction of main body of project and the smoothness of land acquisition resettlement.

4) Project Resettlement Leading Group of Liling City Project Resettlement Leading Group of Liling City is managed by leaders of Liling City People’s Government in charge of the project directly, and its main responsibilities are to strengthen the leadership during the course of project implementation in the county, to coordinate the working relation of towns (townships or Sub-District), and to guarantee the smoothness of the construction of main body project, land acquisition resettlement. County PMO shall be set up under the leading group to deal with everyday affairs.

5) Liling City ADB Loans Project Office The main responsibilities of Liling City ADB Loans Project Office are to strengthen the leadership of the project, take charge of policy compilation of resettlement activities, and to organize and coordinate the relations of resettlement institutions at all levels. County Resettlement Implementation Management Office will be set up under it to deal with daily affairs.

6) Liling City Project Resettlement Implementation Management Office The main responsibilities of it are to fulfill management, planning, implementation, coordination and supervision and monitoring of the resettlement:

� Work out the land acquisition of the project, demolition and resettlement policy; � Entrust the design unit to determine the range affected by the project, to investigate the physical index of the

impact of the land acquisition and demolition, and to preserve the data; � Apply for the land using and planning, and license on land using and construction; � Be in charge of service training of main resettlement leader of Land Acquisition, Demolition, and

Resettlement Office; � Organize and coordinate the compilation and execution of Resettlement Planning Report; � Be responsible for management and allocation of funds, and supervision the using of funds; � Guide, coordinate and supervise the resettlement implementation and progress ; � Preside over and check the internal monitoring activities, and be in charge of compilation of the report on

land acquisition, demolition and resettlement; � Determine the external monitoring institution and assist with the external monitoring activities.

7) Town (township, Sub-District) Resettlement Implementation Management Office It is led by Town (township, Sub-District) leader in charge of this project and composed of the main leaders of Land Administration Station, Police Office, Civil Administration Station and villages. The main responsibilities are as follows: �Take part in the project investigation and assist in the compilation of Resettlement Action Plan; �Organize the masses to join in and publicize the resettlement policies; �Implement, check, monitor and record all of the resettlement activities in the township or town; �Go through the demolition and rebuilding procedures for resettler’s houses; �Be responsible for the payment and management of land compensation funds; � Supervise the land acquisition, demolition of houses and attachment, and the rebuilding and demolition of

buildings; � Report the conditions of the land acquisition, demolition and resettlement to County Land Bureau and

Resettlement Management Office;


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� Coordinate and deal with the contravention and problems in work.

8) Village, Residential Committees and Villager Group 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’s group, and its main responsibilities are as follows: ① Take part in the investigation of social economy and the project impact; ② Organize the masses to negotiate and to publicize the land acquisition and demolition policies; ③ Select the resettlement site, and allocate housing plot for the demolition household; ④ Carry out land reclamation, adjustment and allocation, and organize the resettlement activities such as

production development; ⑤ Be responsible for the funds management and allocation; ⑥ Report the opinions and advice of resettlers to the higher authorities; ⑦ Report the progress of resettlement implementation; ⑧ Provide help for the households 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 the implementation period, provide design document, technology regulations, drawings and notice for the County PMO in time, report the design technical explanation to project Offices at all levels by phase, assist each settlement Office with the settlement demolition and settlement production arrangement and improve settlement arrangement planning schedule according to the actual conditions.

10) Responsibilities of Independent Institution for External Monitoring and Evaluation Qualified monitoring evaluation institution shall be hired to be the resettlement monitoring unit by the County PMO, and its main duties are: � As an independent institution for monitoring and evaluation, its main responsibilities are to observe each

aspect of the resettlement plan and its implementation, to 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.

� Provide technical consultation for Project Resettlement Office in the aspects of investigation and process of the data.

6.3 Supervision Institutions

Liling City Project Rettlement Office within LPMO is the supervision institution, and it shall preside and check the internal monitoring, compile project land acquisition resettlement progress report, report resettlement implementation progress, problem and advice for the Provincial Project Office regularly 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 conditions. At the same time, City 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 City PMO and report resettlement progress, problem and disposal advice for City PMO.

6.4 Resettlement Management System Such systems as Employer's responsible system, project supervision system, project bidding invitation system


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and contractual management system will be adopted to the project management of the resettlers.The implementation of the resettlement program for Liling Subproject will be the responsibility of the Liling City Resettlement Management Office, which includes arranging bidding process for both construction of special facilities and infrastructure projects. In addition, the resettlement management office will employ a qualified external monitoring and evaluation agency to carry out independent resettlement monitoring and evaluation. 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 Personnel and Facilities of Resettlement Institution 6.5.1 Personnel Arrangement

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 consist of administrators and professional technical staff who own certain profession level and management qualification and land acquisition demolition working experience. See table 6.5-1 for details of related institution personnel conditions.

Personnel of Resettlement Implementation

and Management of Liling City Urban Flood Control Project Table 6.5-1 Unit: Person

Institution Name Total Administrator Finance Staff

Technical Staff

Political Worker

Logistics Staff

County Resettlement Implementation Management

Institution 8 2 2 2 1 1

Town Resettlement Implementation Management

Institution 9 3 3 3

Total 17 5 2 5 1 4

6.5.2 Facilities

The facilities equipped with the institution mainly refer to the resource arrangement of resettlement implementation institutions such as office buildings for resettlement institution at all levels, transportation tools, office facilities and communication facilities (see Table 6.5-2 for details). Total amount of facilities management as planned for resettlement institution is 407.5 thousand yuan, and the funds are open-fee of resettlement implementation institution of general budgetary estimate of resettlement investment.

Table 6.5-2 Facilities Arrangement of Resettlement Implementation

Institution of Liling City Urban Flood Control Amount

Project Type Unit Unit Price

(Yuan) Total City

Resettlement Office

Sub-district (Township and Town)

Resettlement Office

Investment (RMB

Y’0000) Remarks

1. Office Room 14400 5 2 3 7.2 300

yuan/room, hire for 4

years 2.Transportation

Tools Liebao

CFA-6400A Piece 181800 1 1 18.18 3. Office Facilities 16.71

3.1Computer Lenovo

Yangtian M6000

Set 8499 5 2 3 4.25

3.2Printer HP8000 Set 8260 4 1 3 3.3


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3.3Duplicatr Panasonic FP-7818 Set 13600 1 1 1.36

3.4Digital Camera

SONY DSC-V1 Set 4880 4 1 3 1.95

3.5Airconditionor Green 505TlyType Set 4000 5 2 3 2

3.6Table and chair Set 900 17 8 9 1.53

3.7Scanner HP4670C Set 2000 4 1 3 0.8 3.8Fax Liguang

8500 Set 1200 4 1 3 0.48

3.9Telephone Siemens 8000 Type Set 128 5 2 3 0.06

3.10 notebook PC

Toshiba PA100 Set 9800 1 1 0.98

4. Total Investment 42.09

6.6 Training Plan

To guarantee the work of project implementation can be carried out smoothly, the resettlers should be trained and the training plan should be formulated. Resettlement training plan contains of two aspects: training plan for resettlement administrator and production skills to be mastered by the resettlers.

6.6.1Resettlement Administrator Training Plan 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, starting technology training class in each units, visiting and studying 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.

6.6.2 Production Skills Training for Resettlers

Resettlement production skill training plan 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 quality 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 county 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. Based on the discussion with resettlers affected by this project, the training content of productions skills for resettlers shall include:

1) Training for resettlement backbone: It is planned that we will recommend and sent some resettler’s children or resettlement 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) Training on planning technology: carry out the training on big-shed vegetable production technology, high quality cross hybrid rice, two-low rape technology promotion by inviting agricultural science experts to have class fixedly and demonstrate on the spot.

3) Training on aquaculture technology: carry out the training on poultry feeding skill and livestock aquaculture skill


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by inviting agricultural science experts to have class fixedly and demonstrate on the spot. 6.6.3 Investment on Resettlement Training and Planning

A total of seven semesters of resettlement training class will be carried out with 86 persons participating at cost of RMB 150,200. Among them, four semasters will be targeted to resettlers with 54 participants (among which: female, 22 persons) at cost of RMB 95,200; and three semasters will be for resettlement staff with 32 participants at cost of RMB 65,000. The training cost is included in the total resettlement budget. See Table 6.6-1 for details.

6.7 Measures for Institution Consummating 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 quantity and make them play a role in resettlement; 5) Establish database and strengthen the information feedback to guarantee the smoothness of information both

from the higher to the lower and from lower to the higher, and important problems 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.


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Resettlement Implementation Training Plan of Liling City Urban Flood Control Project

Table 6.6-1

Project Training Place Training Mode Lecturer Training Object

Amount of Person (person)

Training Content Training Semasters

Training period (day)

Funds arrangement

(104yuan)

Remarks

I. Training for Administrato 32 3 6.5

Liling City Project

Resettlement Office

Lecture by Expert

Hunan PMO

Resettlement Expert

City PMO Administrator 3

1.Resettlement Principle and Policy; 2. Resettlement Project Planning Management; 3.Resettlement Finance Management; 4.Management Information System; 5. Resettlement Implementation Management, etc.

1 5 1.2

1. Administrator of Town and Township PMO

6

Liling City Project

Resettlement Office

Class Provincial PMO Expert

2. Administrator of Village 15

The Same with Above 1 5 3.14

Domestic

Similar Project

Domestic Investment and Study

Main Service Personnel of PMO 8 Resettlement Implementation and

Monitoring Management 1 7 2.16

II. Resettlement Production Skill

Training 54 4 9.52

Hunan

Agricultural University

Refresher course

and entrusting education

Teachers of Agricultural University

Resettlement backbone and resettlement children 6

1.Production technology management; 2.Agricultural technology management; 3. Agricultural production multi-operation

1 Half a year 3.6


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Township

(Sub-district) PMO

Class

Administrator of City Resettlement

Office and agricultural Technology expert

Representative of each town, Township,

Village and residential committee

48 (female 22)

1.Planting technology training 2. Aquaculture training 3 3 5.92

III. Total 86 7 15.02


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7. Public Participation and Harmonization with Residents in Resettlement Area

7.1 Public Participation Strategies According to relative relocation resettlement policies and code of nation, province and county, in order to maintain lawful rights and interests of resettlers and removed units to be removed and reduce complaints and dispute, work out the policies and implementation detailed rules of removing and allocation of project, compile resettlement plan, do well the implementation and organization work aiming at the rebuilding character of the project. In order to accomplish appropriate resettlement, a great deal of efforts has been made on increase participation and consultation by the resettlers during stages of preparation and implementation of the RP.

7.2 Approaches and Measures of Public Participation 7.2.1 Participation Approaches

Before launching investigation work, compile general work outline, listen and accept local government’s opinion for the investigation content, approaches and requirement, etc. Local government dispatches staff to take part in investigation group and work together. In the period of investigation at large, invite principle 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 county, township (town, Sub-District), listen to and accept opinions, requirements, and existent problems, choose resettlement area. When investigating on the spot, local mass and concerned leaders shall participate in choosing resettlement location. It is proved that the consultative work has active significance to choosing resettlement location of long term potential and establishing scheme which is easy to be accepted by resettlers.

7.2.2 Participation and Consultation Measures Public participation and consultation mainly adopts two ways of small group discussion and spot check of resettlers’ opinion. 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, a great deal of efforts shall be made on public participation and consultation opinions by design units. On the basis of no prejudice to the collectivity planning principle, house-building scheme for resettlement and production resettlement modes should be consistent with mass opinions so that programming is in reason and resettlers are satisfied. In the stage of resettlement implementation, still adopt the ways of colloquia and spot check of resettlers’ opinions, 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 plan and the resettlement and compensation plan of the project, propaganda to the resettlers the laws and regulations on national resettlement through public participation (colloquia) or local media (such as TV) from the start to the implementation of resettlement plan, so resettlers will know exactly practicality index quantities, the computation method of compensation standard and methods, resettlement measures, appropriation and usage of the resettlement compensation and assistance fund, the rights and compensation method of the resettlers, etc. At the same time, similar information should also be disclosed to the residents in the resettlement area to make them know more about land acquisition information, land compensation standard, fund usage and resettlement information. 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 Compilation of Resettlement Planning Report In the stages of preparation and compilation of Resettlement Plan, all levels of local government and resettlers


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should take part in the following item of work:

1) In May, 2006, the investigation on physical indices of relocation and demolition by land acquisition in the project was conducted by Liling City Project Resettlement Office, resettlement design units, Villagers’ groups and resettler representatives. In the process of resettlement planning, project resettlement office and resettlement design units go deep into every village and Villager’s group, adopt the form of holding colloquia participated by cadres of village group and resettlers representatives or discuss with resettlers randomly, further solicit their opinions and suggestions on resettlement (including their choice of resettlement location, production rehabilitation measures, house tearing down and building and compensation policies for land acquisition. For details, see 7.3-1.

2) Liling City resettlement office and design office successively organize and hold consultation meeting participated

by all levels of local cadres and all classes of influencing people. Consultation 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 acquisition and compensation standard for all level of affected people. For details, see7.3-2.


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Table7.3-1 Questionnaire of Public Attitudes toward the Project

Time Location Participant Participant Number Discussion Content Final Results

May 2006 Each

resettlement village

The officials of each resettlement village,

design unit, resettlement representatives

158 (68 female)

Project introduction, affected area and

tentative resettlement scheme

Support project building, agree with resettlement plan

tentatively.

May 2008

City and sub-district

meeting room

Planning committee, Xishan and Yangsan Sub-districts, design

units, planning, country and resettlers

representatives

25 (8 female)

Project introduction, affected area and

tentative resettlement scheme

Support project building, agree with resettlement plan in

principle.

September 2008

Municipal government

meeting room

Municipal government, design units, planning,

country, resettlers representative

29 (12 female)

Solicit project opinions on

compensation, resettlement plan and

land acquisition

Defining every item of compensation

standards, resettlement policies and land

acquisition policies.

Table 7.3-2 Policies Disclosure

Purpose Content Who and with whom When Where

Project impact in social-economy survey

1.Project influence all kinds of quantities of index in kind and land acquisition of project. 2.Project influence socio-economy condition in the area affected by the project

Survey group consists of City

project Office and Resettlement design units

July 2006

Administrative management organ of project area, township

government, village committee, the affected

domestic and non domestic

Tentative consultation for the compensation policies and demolition scheme in

the preparation of resettlement plan

1.Accept the opinions and suggestions of every relative party of project scheme, demolition and resettlement work. 2.Resettlers representative participate in demolition and resettlement work.

Municipal government, City project Office and affected people

July 2008 Within the project scope

Further consultation of compensation policies

and rehabilitation plan in revising resettlement plan

1.Hold consultation meeting, concentrate on introducing conditions and go on accepting opinions and suggestions. 2.Hold mobilization demolition work meeting, explain resettlement plan, compensation standards and answer the relocatee’s question.

City project, demolition Office and demolition

household representative

August 2008 Demolition Location


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3) In the process of resettlement plan, the project publicizes relative resettlement information to the residents in resettlement area, through holding the discussions with village officials and resettlers representatives or talk with resettlers randomly. Then they can know more about the land acquisition, land compensation standards, fund usage and resettlement information.

Table 7.3-3 Information Disclosure

Document Disclosure Way Disclosure Date Disclosure Location

Situation introduction of the project (including land acquisition

1. Hold the meeting 2.Bulletin column May 2006 Project area

August 2007 Introduction of the project of land acquisition and removal

1.Resettlement Information Booklet

2.Hold the meeting November 2008

Project area

Disclose the bulletin of resettlement plan Bulletin column March 2009 Project area Disclose the report of resettlement plan Bulletin column

published in the newspaper April 2009 Project area

Submission to ADB (1) County Project Office (2) Website

June 2009 County PMO

4) In May, 2006, staff of the resettlement planning team conducted survey of willingness among affected

households with the assistance and corporation of relevant department of project. The results are listed:

� Know about the project: 98.91% resettlers know about, 1.09% don’t know. � Know about the channel: 96.32% resettlers know through investigators, 3.68% resettlers through villagers in

neighboring village � Supporting attitude: All resettlers support the project. ④ Affected extent: 96.53% relocatees think that the project after the construction has obvious flood control

benefits, the negative impacts can be alleviated by way of reasonable compensation; while 3.47% relocatees deem that the project after the construction has obvious flood control benefits, but the demolition due to land acquisition brings big negative impacts.

⑤ Relocation: the land acquisition and demolition mainly locate in the urban area of Liling City and the interjunction between the urban and rural areas, 92.47% relocatees hope for concentrated resettlement within the housing plots unitedly arranged by the government, whilst 7.53% relocatees hope to obtain monetary compensation.

� Production resettlement: 88.64% resettlers require cash compensation, 11.36% resettlers require the adjustment of ground.

7.4 Public Participation and Plan in Implementation of Resettlement Plan Resettlers should be encouraged to participate in the whole process of implementation of resettlement planning of the project.

7.4.1 Participation in the Houses Rebuilding and Resettlement

1) Houses Compensation Standards The houses compensation standard is very important to the resettlers’ benefits. Before the houses are removed, relative organs should consulate and sign contracts on houses compensation standard with resettlers. Consultation results should be publicized before signing agreements so as to accept mass supervision.

2) Houses Rebuilding Location and Method In the stage of preparation and compilation of Resettlement Plan, relative department survey the resettlement houses rebuilding location and method. According to the investigation results of the relocatees’ opinions, most relocatees are willing to stay within their original villager’s group by way of self demolition and building of their houses. Local government will offer help in every stage of resettlement and building houses.

3) Dealing with the Old Houses All the removed houses will receive houses compensation according to replacement value. The removed household can first remove then build or first build then remove according to their own willingness in the prescribed time. Old materials of the formal houses can be used by removed household.


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7.4.2 Participation in Production Resettlement

All the villagers of every village and group should participate in the adjustment and distribution of land and start-up of other agricultural development project, especially take care of resettlers who have special requirements of land.

7.4.3 Participation in the Usage and Management of Land Compensation Fee Land compensation fee should be owned by collectivity of villages and groups, any unit and individual should not withhold and appropriate. After the compensation funds have been given to collectivity of villages and groups, it should be planned as a whole in order to ensure special funds for special purposes. The funds cannot be used until the usage is talked over and agreed in every group of villagers meeting and be supervised by villager representative.

7.4.4 Participation in Project Construction The project construction more or less affect local. In order to ensure the affected people can benefit from the project, mass are encouraged to participate in the project construction and provide convenience in materials and labor services.

7.5 Women Participation From the start of the project, a great effort has been made on the function of women by the implementation institution of the project and local government. Concern women and families where women are the householder and bring women into play 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 country, 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-farm work. So in the area affected by the project, women will pay more attention to the project than women, they not only take part in every stage of work of resettlement but also give fineness rein to the direction and method of resettlement. In the period of surveying the project at large, all Women Directors of resettlement villages are invited to participate in surveying work group to propaganda and communicate with affected women; In the small colloquia of resettlers, more than 50% is female, besides they support the project actively, they showed that they pay closer attention to the correctness of surveyed index in kind, rationality of compensation standard and whether the compensation fee can reach in time etc. In the resettlement planning stage, resettlement design unit actively invite female resettlers representatives to discuss together, accept their opinions, requirements and existing problems on production resettlement and resettlement of demolition and houses building. 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; 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.

7.6 Harmonization with the Residents in Resettlement Area The resettlement modes of the relocatees mainly include self purchasing of their houses and concentrated building of houses. The relocatees in choice of the former are optional, so they will readily adapt to the new residential livelihood; whilst the relocatees in choice of the latter will, without large change in the living


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environment, have the common living styles, habits and customs, and readily merge into the livelihood of the resettlement communities. Of course, it doesn’t mean that there is no estrangement and conflict between the resettlers and former residents. In order to establish good relationship between them, the following work should be done: 1) Before removal, resettlers and residents in the resettlement area should take part in the resettlement

planning. If you want to get cooperation, participation and feedback opinions of resettlement area 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 regular meetings with local groups so that resettlers and residents in the resettlement area 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 resettlement area. There may be conflict between resettlers

and residents in the resettlement area 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 resettlement area. So in order to avoid such conflict, the livelihood condition and society service of the residents in resettlement area 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.


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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) Index Problem Because of the error in the process of surveying, statistics and computation, the occupied and removed index in kind 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 Liling City project Office in oral or written form. After processed by Liling City resettlement Office, the problems should be submitted to County project Office and supervision unit. Under the leadership of City project 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 index in kind and compensate according to the standard. 2) Compensation Standard A 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, explain national resettlement policies and 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 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 ─ Complaint Office (including resettlement) is set in county, city and province of the resettlements and can

investigate and deal with general appeal question of resettlement; ─ Establish all levels of local resettlement management setup according to the law, every lever has the

authority to supervise the lower level from province, city to county and can accept appeal case in the way of resettlement;

─ Self-governed resettlement monitoring setup works according to relative regulations of nation, 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 violation laws and discipline 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 8.2-1.

2) Appeal Procedure If any resettler does not agree with resettlement plan, he/she can reflect to village committee (residential


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committee), which could consult with local resettlement office directly, or appeal to superior resettlement office in oral form or written form. After superior resettlement Office accept the appeal, keep records and consult with village committee and local resettlement office within 10 days. If the contradiction and dispute can not be solved, in accordance with appeal channel, village committee can appeal to administrative setups step by step such as project office, resettlement management setup, resettlement monitoring setup, complaint office, administrative supervision, disciplinary inspection and procuratorial department etc.) 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 appeal problems and solving process and keeps in the archives.


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Law department of county, city and

province Project 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


resettlement of Liling City

Resettlement monitoring and

evaluation setup


resettlement of Sub-District, town and township

Village committee or villagers

group

Affected household

Figure 8.2-1 Appeal System Figure of Project Resettlement


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9. Environment Protection and Management 9.1 The Necessity of Environment Protection

The environment evaluation of main body of resettlement investment project shall include the impact of resettlement on the environment. The planning of resettlement shall be conducted with environment evaluation. 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 resettlers is larger than the original number of 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 training of resettlers) shall be included in the resettlement planning, besides other resettlement places can also be chosen. And the urban resettlers 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 environmental management methods can supply both good opportunities and benefits to the resettlers and the residents in the resettlement area. If the resettlement causes an unacceptable consequence, we must find another resettlement site or add the resettlement points.

9.2 Liquidation of Relocation All kinds of rubbish, which are produced during the demolition of the various buildings and their attachments within the project range shall all be spoiled in the place designated by the Liling City Environmental Hygiene Administration. The houses and their attachments within the project range shall be demolished; their walls shall be torn down and leveled. And the interior pollution source within the project range shall be removed and disinfected. The existing wastewater of the industrial enterprises within the project range shall be drained off according to the stipulations. Poisonous waste slag shall be delivered to the appointed place and buried. And the warehouse used for storing the chemical materials 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 planning and construction of resettlement area, we shall try our best to make the surroundings beautiful and comfortable.

(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 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 it is required to take 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.


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10. Monitoring and Evaluation 10.1 Internal Monitoring 10.1.1 Internal Monitoring Agency Organization

In this project, the Liling City PMO 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 involved with the resettlement. And the agency shall be appointed the sufficient personnel, and the personnel shall be qualified for experiences of resettlement work and social problems, so as to carry out the right responsibilities.

10.1.2 The Objective of Internal Monitoring The objective of internal monitoring is to maintain the good function of resettlement agencies at all levels during the project implementation process, and coordinate and cooperate with each unit in order to grasp the situation of resettlement implementation timely.

10.1.3 The Content of Internal Monitoring 1) The relocation, allocation of housing locations and housing reconstructions; 2) The implementation schedule and quality of development project of resettlers’ production; 3) The investigation, coordination and proposals for the main problems existing in resettlement and implementation

agencies during the implementation process; 4) The family income rehabilitation after resettlers’ relocation; 5) The rehabilitation of vulnerable group; 6) The payment and usage of the resettlement compensation and the situation of fund in place; 7) Resettlers’ participations and consultation during the implementation period; 8) The resettlers’ training and effects; 9) Agencies, training, working timetable and efficiency of the local RO. 10.1.4 The Responsibilities of Internal Monitoring 1) Cooperate with resettlement implementation agencies, departments in charge and external monitoring units. 2) Work out the corresponding tables according to the monitoring contents, and ask the implementation units to fill

in and submit the tables to the department in charge and County PMO; 3) The monitoring personnel shall check and investigate on the spot once a month, and they shall participate in the

completion acceptance of the resettlement project once a month. 4) Supervise the implementation of the annual work plan, fund utilization; the annual fund shall be audited by the

provincial department in charge of resettlement; 5) Submit the work progress report to PPMO and ADB in July and December of every year periodically; 6) Report the implementation situation to PPMO every half year, and negotiate with the departments in charge at

any time as required. 10.2 External Monitoring 10.2.1 Independent Monitoring & Evaluation Agency

For this project, the qualified monitoring unit shall be invited to undertake resettlement monitoring and evaluation. The independent monitoring unit shall provide the comprehensive information on implementation of resettlement to the PMO, including implementation progress, the existing problems and suggestions to the PMO. Through negotiation, ADB and HPMO finally determined that the external monitoring and evaluation for the 19 subprojects among the 35 subprojects will be undertaken by Changsha Xinghuan Water & Electricity Engineering Technology Development Co., Ltd, which include 8 core subprojects (i.e. Loudi City, Xinhua County, Wugang City, Sangzhi County, Chenxi County, Yongzhou City, Huaihua City and Leiyang City) and 11 non-core subprojects (i.e. Cili County, Xiangtan City, Xupu County, Shimen County, Jishou City, Hengyang City, Hengyang County, Fenghuang County, Baojing County, Zhongfang County and Liling City) among the 27 non-core subprojects. And the external monitoring and evaluation for the other 16 non-core subprojects will be carried out by Hunan


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Hydropower Consultation Co., Ltd. The Liling City PMO proposes Hunan Hydropower Consultation Co., Ltd as the resettlement monitoring & evaluation agency in this project. Hunan Hydropower Consultation Co., Ltd will establish Luxisubproject monitoring unit to work closely with Luxi Resettlement Management Office on resettlement monitoring and evaluation. They will carry out independent monitoring and evaluation by providing the technical assistance to LPMO and conducting detailed survey among affected people. It is proposed to form Luxisubproject monitoring & evaluation unit with staff who are experienced in resettlement planning and resettlement monitoring & evaluation, etc.

10.2.2 The Objective of Independent Monitoring & Evaluation

The Monitoring & Evaluation of resettlement is an efficient management method in resettlement project management, and the objective of independent monitoring & evaluation is to provide the evaluation on the resettlement works. At the same time, the independent monitoring agency will consult with APs to acquire the knowledge, preferences and hopes of their livelihood, and report these findings to the Project RO. To check all the implementation works with an eye of long term. The independent monitoring & evaluation agency shall trace the resettlement activities, and give evaluation and proposes to the whole process of resettlement and the recovery of the resettlers’ living standards, and provide alarm system to engineering management department, and supply the report channels for resettlers’ suggestions, so as to ensure the planning and implementation of resettlement in conformity with the laws, regulations and rules issued by PRC, and to ensure the whole project to achieve the objective as expected.

10.2.3 The Contents of Independent Monitoring & Evaluation The independent monitoring units shall conduct the monitoring and evaluation to the implementation effects of rural resettlers’ relocation, the demolition and construction of enterprises and institutions, special facilities and infrastructural facilities, and utilization effects of resettlement fund.

1) Monitoring & Evaluation of resettlement implementation schedule is as follows: ① The schedule of land acquisition and the finalized situation of land for new resettlement area; ② The schedule of the housing demolition and reconstruction; ③ The schedule of resettlers’ relocation; ④ The schedule of employment allocation for the labors; ⑤ The construction schedule of public infrastructural facilities and special works.

2) Monitoring & Evaluation of the payment and utilization of resettlement fund is as follows: ① The situation of the fund being in place; ② The fund input and its utilization; ③ The evaluation of social and economic effects about the fund input.

3) Monitoring & Evaluation of resettlement production resettlement is as follows: ① The planning objective of resettlement production resettlement; ② The basic production situation before and after removal (including the employment situation); ③ The comparisons of main technical and economic evaluation indices before and after removal. If the

evaluation fulfills the planning objective degree, the experience and lessons shall be summarized.

4) Monitoring & Evaluation of resettlers’ livelihood relocation is as follows: ① The planning objective of resettlement livelihood relocation; ② The housing condition and residential environment before and after removal; ③ The economic income and expenditure as well as composition before and after removal; ④ The comparisons of main livelihood evaluation indices before and after removal, evaluate the resettlers’

livelihood quality, and summarize the experience and lessons.


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10.2.4 The Methods of Independent Monitoring& Evaluation The monitoring and evaluation activities are conducted on the basis of the investigation data provided by agencies in charge of investigation design and relocation implementation. The evaluation is conducted on the basis of all-around understanding and adopted the combined methods of spot-checking and quick evaluation. Choose a typical model (resettlement household/ village), set up the corresponding evaluation index system according to the different affected objects, and invite the experienced resettlement expert to determine the weighting of each index by the way of “back-to-back”, and take the latest livelihood quality research at home and abroad as reference, manage the indices by dimension treatment, analyze and calculate the investigation achievements, and contrastively evaluate the calculation achievements.

1) Evaluation of Livelihood Standard The independent monitoring agency shall propose and conduct the investigation on basic living standard before implementation of resettlement, and set up a control group according to the random samples of APs. The investigation on living standard shall be repeated annually (it shall be conducted twice at least after implementation completion) so as to measure the change of APs’ living standards. This activity is one of the methods of determining the changes of APs’ living standards. The investigation table of living standard consists of every index used to measure production level and living standard, reflects the changes of production and livelihood by the developing changes of the same index before and after removal. Whether the design of the index will reflect the change of production and living standard of the resettlers truly will be showed in the base investigation. And the design of the index will be improved according to the actual conditions, so as to ensure the acquired information to fully and truly reflect the quantity and quality of resettlers’ production and living standard.

2) Public Consultation The independent monitoring & evaluation unit will participate in the public consultations held by village and township (town) periodically, and evaluate the effects of Aps’ participation and the cooperative degree of Aps during the implementation course of resettlement planning by monitoring these consultation meetings. These activities shall be conducted over and over again during the period of resettlement implementation and after implementation.

3) Complaints The independent monitoring agency shall visit the affected places at the fixed time, and adopt the way of holding talks with local RO and APs to ask about and understand the complaints. Moreover, the independent monitoring agency shall monitor the efficiency of disposal of the complaints continuously. As for the possible changes, the independent monitoring agency shall propose the suggestions if necessary to make the process of resettlement more effective.

4) Other Responsibilities The independent monitoring agency shall propose the suggestions to the project RO during the period of preparation for RP plan and implementation; meanwhile, it is also responsible for the monitoring of the following indicative items: (1) The payment and amount of the compensation; (2) The preparation and sufficiency of the relocation sites; (3) The housing reconstruction; (4) The Aps’ removal; (5) Training; (6) The support to the vulnerable group; (7) The recovery and reconstruction of infrastructural facilities and special facilities; (8) The deployment and recovery of production; (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 the above-mentioned activities (it can be used at any time); (14) The setup of resettlement network;


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(15) The utilization of collective land compensation fee and the resettlers’ incomes; (16) The situation of labor employment and incremental incomes.

10.2.5 The Procedure of Independent Monitoring & Evaluation

Establish a project, and clarify the objectives, content and requirements of monitoring and evaluation;

Work out detailed general outline of monitoring and evaluation;

The works in early days Study the technical line and working methods of monitoring and evaluation;

Work out the investigation outline and tables; Design typical resettlement trail investigation plan for monitoring system.

Give an all-around investigation for the socioeconomic materials of resettlement households and their villagers

Give all-around investigation for the schedule of the resettlers’ relocation and the situation of the fund in place;

Monitoring System

Collect the information on typical resettlement households at the fixed time; Check the random samples.

Conduct the inside liquidation, analysis, calculation, evaluation, and conclude a conclusion;

Evaluation System

Compile monitoring and evaluation report and submit the report to the County PMO and ADB.

10.2.6 The Period, Frequency and Standard of Monitoring & Evaluation 1) The period of monitoring: The working time of independent monitoring unit includes the engineering construction

period and the two years after the completion of the project. 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. And it shall supply consultation for County PMO.

3) The standard of monitoring：The investigation and sampling standard of IME: 5% APs in land acquisition and

relocation; 20% affected village in land acquisition and relocation; 20% of the enterprises and institutions. 4) The time of monitoring report: Submit the monitoring report to the higher level twice at peak period (in July and

December every year), and in other years submit it once in July.


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10.3 The Evaluation of Resettlement After the completion of the project, on the basis of monitoring and evaluation, conduct an evaluation for the resettlement by means of after-project evaluation theories and methods. The content mainly includes the evaluation of successful experience and the useful lessons in the aspects of housing demolitions, enterprises and institutions, and land acquisition etc. And the evaluation will provide the referenced experience for the future resettlement. After resettlement, the evaluation unit shall undertake preparation of the evaluation outline, setup of the evaluation index system, the analysis and investigation on social economy, compilation of The Evaluation Report after the Resettlement Implementation of Liling City Urban Flood Control Project, and then submit the report to Provincial PMO and ADB.


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11. Resettlement Budget 11.1 Compilation Reference and Principle 11.1.1 Main References

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, 2002 5) Provisional Regulations on Cultivated Land Occupancy Tax of the PRC; 6) Methods of Hunan Province for Implementing the Cultivated Land Occupancy Tax (Revision); 7) A 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) Hunan Provincial Implementation Methods for Expropriation, Utilization and Administration of Forest Vegetation Recovery Fee (XCZ [2003] No.10 Document)

9) A Notice on Hunan Provincial Land Acquisition Annual Output Value Standard Issued by Hunan Provincial People’s Government General Office (XZF [2005] No.47)

10) Regulations about Land Acquisition and Resettlement for Hydraulic and Hydropower Project (SD290--2003); 11) Relative procedures and specifications of each professional department; 12) Investigation on tangible materials index affected by the project and achievements of resettlement planning. 11.1.2 Compilation Principle 1) For the following items such as production resettlement, demolition relocation, demolition and reconstruction for

the special facilities which are planned and designed with reference to the relevant national policies, regulations and standards, calculate the investment according to the design program and the corresponding works quantities (or physical materials amount).

2) Standards for land compensation fee and relocation subsidies, and compensation fee for young crops shall be

calculated and determined according to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China;

3) Housing compensation standard shall be determined according to typical unit price analysis on the houses in the

project-affected area; compensation standards for auxiliary cacilities, scattered trees, and demolition subsidies shall be determined comprehensively according to the compensation standards for the typical design or the similar project.

4) Compensation fee for the special facilities shall be determined on the basis of “original scale, original standard

and original function” according to the actual rehabilitation situation. 11.2 Resettlement Compensation Fee 11.2.1 Land Compensation

1) Project-involved Permanent Land Occupation The land compensation, resettlement subsidies and production compensation fee are calculated as RMB 4.1296

million yuan according to various kinds of the acquired land quantities and compensation standards.

2) Project-involved Temporary Land Occupation The project temporarily uses 120mu land, including 27.6mu dry farmland, 45.2 shrubbery forest land and 47.2mu waste land. According to the compensation standards for various temporary land Acquisition, the temporary compensation fee of this project is calculated as RMB 0..2287 million yuan (including the land reclaiming fee).


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11.2.2 Compensation for Houses and Auxiliary Facilities The compensation for houses and auxiliary facilities in this project mainly includes the compensation fees for residential houses, non-residential houses and the auxiliary facilities. The compensation fees for the houses and auxiliary buildings are totally calculated as RMB 21.2628 million yuan according to the demolition physical material indices and standards for compensation subsidies.

11.2.3 Compensation for Infrastructures The compensation for infrastructural facilities in this project mainly includes fees for the following infrastructures such as the site leveling, water drinking, illumination, and roads, etc.. The demolition and resettlement is planned to be 544 persons from 1994 households. The investment is totally calculated as RMB 2.991 million yuan according to the compensation standard of RMB 1,500 yuan per capita.

11.2.4 Relocation Transportation Fee The transportation fee of this project mainly includes transportation fee, livelihood subsidies, temporary housing subsidies and secondary transportation fee, etc. The investment is totally calculated to be RMB 0.7183 million yuan, according to the required relocation and removal of 313 persons from 1197 households.

11.2.5 Compensation for Enterprises and Institutions

The housing relocation compensation for enterprises and institutions is counted into the compensation parts of houses and auxiliary buildings. The compensation for the enterprises mainly include the house removal subsidy fee, totaling 0.0782 million.

11.2.6 Subsidies for Vulnerable Group The subsidies for the vulnerable group in this project is calculated as 1% of compensation fee for the land acquisition and for the houses and auxiliary facilities, the investment is RMB 0.2552 million yuan, and mainly used for offering various kinds of help or livelihood support fees for the vulnerable group affected by the project.

11.2.9 Resettlement Compensation Investment The resettlement compensation investment of this project is the sum of Item 11.2.1~Item 11.2.6, totally calculated as RMB 30.0421 million yuan. For details, see Table 11.2-1.


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Budget for Resettlement Compensation Investment of Liling City Urban Flood Control Project

Table 11.2-1

Lailongmen Sub-district Xishan Sub-district Yangsanshi

Sub-district Huangni'ao Remark

Item Sub-item Sub-sub-item Unit Unit Price (in Y)

Total Investment (in Y’0000) Quantity Investment

(in Y’0000) Quantity Investment (in Y’0000) Quantity Investment

(in Y’0000) Quantity Investment

(in Y’0000)

Total 3004.21 1360.00 568.98 888.67 186.57

I. Land Compensation 435.83 81.44 68.15 226.33 59.91

(I) Permanent Land Acquisition 412.96 207.60 73.18 155.60 63.06 317.10 221.60 108.0 55.12

1. Collective Land mu 362.78 190.80 73.18 146.20 56.29 292.20 178.19 106.1 55.12

1.1 Cultivated Land mu 134.20 3.20 15.77 2.50 12.32 29.00 81.96 4.90 24.15

Paddy field mu 25092 63.23 25.20 63.23

Market vegetable plot mu 49280 70.97 3.2 15.77 2.5 12.32 3.8 18.73 4.9 24.15

1.2 Garden plot mu 21960 18.23 8.30 18.23

1.3 Unused land mu 3060 210.35 187.6 57.41 143.7 43.97 254.90 78.00 101.2 30.97

2. State-owned land 50.18 16.80 9.40 6.77 24.90 43.41 1.90

2.1 Residential Land

mu 16.8 6.7 7.60 1.90

2.1 Industrial Land mu 25092 50.18 2.7 6.77 17.30 43.41

(Ⅱ). Temporary Land Acquisition mu 22.87 42.20 8.26 24.70 5.09 27.90 4.73 25.20 4.79

1.1 Dry Farmland mu 6031 16.65 11.50 6.94 6.30 3.8 5.60 3.38 4.20 2.53 含耕地

复垦费

1.2 Shrubbery land mu 1377 6.22 9.60 1.32 9.40 1.29 9.80 1.35 16.40 2.26


121


Table 11.2-1







(in Y’0000)

1.3 Waste land mu 21.10 9.00 12.50 4.60 不补偿

II. Compensation for Houses and Auxiliary Facilities 2116.28 1044.70 415.78 551.17 104.63

(I)Residential houses m2 1998.14 1043.24 376.43 473.97 104.50

1. Urban residential houses

m2 1998.14 22815 1043.24 8233 376.43 10280 473.97 2319 104.50

1.1 Brick-concrete m2 466 1985.25 22247 1036.71 8032 374.29 10105 470.89 2218 103.36

1.2 Brick-wood m2 393 7.82 94 3.69 28 1.1 61 2.40 16 0.63

1.4 Simple structure m2 60 5.07 474 2.84 173 1.04 114 0.68 85 0.51

(Ⅱ)Non-residential houses m2 109.40 1004 33.91 2125 75.49

1.1 Brick-concrete m2 381 96.09 722 27.51 1800 68.58

1.2 Brick-wood m2 308 12.01 190 5.85 200 6.16

1.4 Simple structure m2 60 1.30 92 0.55 125 0.75

(Ⅲ) Auxiliary Facilities 8.74 1.46 5.44 1.71 0.13

3.1 Sunny Ground m2 10 2.75 800 0.8 1032 1.03 790.0 0.79 128.0 0.13

3.2 Wall m2 15 0.75 200 0.3 180 0.27 120.0 0.18

3.3 Air Conditioner piece 200 1.94 77 1.54 20 0.40


122


Table 11.2-1







(in Y’0000)

3.4 Telephone piece 200 3.30 18 0.36 130 2.6 17 0.34 III. Compensation for Infrastructural Facilities

299.10 159.00 55.50 70.05 14.55

Site Leveling, Water-drinking and Illumination

person 1500 299.10 1060 159 370 55.5 467 70.05 97 14.55

IV. Relocation Transportation Fee 119.66 63.60 22.20 28.03 5.83

1. Relocation Transportation Fee

person 150 29.92 1060 15.9 370 5.55 467 7.01 97 1.46

2. Livelihood Subsidies person 100 19.94 1060 10.6 370 3.7 467 4.67 97 0.97

3. Temporary Housing Subsidies

person 200 39.88 1060 21.2 370 7.4 467 9.34 97 1.94

4. Secondary Transportation Fee

person 150 29.92 1060 15.9 370 5.55 467 7.01 97 1.46

V. Compensation for Enterprises and Institutions

7.82 1004.00 2.51 2125 5.31

Relocation Subsidies, Compensation for production equipments

m２ 25 7.82 1004.00 2.51 2125 5.31


123


Table 11.2-1







(in Y’0000)

VI. Subsidies for Vulnerable Group 25.52 11.26 4.84 7.78 1.65

按征用

土地补

偿费和

房屋及

附属设

施补偿

费的 1%计列


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11.3 Compensation for Special Facilities As the relevant professional department in charge of the project-affected special facilities will conduct rebuilding planning and undertake the construction, the rebuilding compensation investment in this budget is temporarily calculated according to the quantities actually affected by the project. 1) Compensation for traffic facilities: mainly includes compensation fees for the reconstruction of cement street, with the investment equivalent to RMB 0.064 million yuan in total. 2) Compensation for power facilities: mainly includes the compensation for the demolition and reconstruction of 380V low-voltage lines and the moving and installation fees of transformers, with the investment equivalent to RMB 0.3335 million yuan. 3) Compensation for telecom facilities: The line cable specification of the post is HYA3-0.5, the investment is calculated to be RMB 0.645 million yuan in total according to 50,000 yuan/km. 4) Compensation for broadcating facilities: the compensation is calculated at 35,000yuan /km, with the investment equivalent to RMB 0.133 million yuan. 5) Compensation for hydraulic facilities: includes the compensation for ponds, reconstruction of pumping stations, rehabilitation of canals’ irrigation, with the investment equivalent to RMB 0.3775 million yuan. The compensation for the above-mentioned special facilities is RMB 1.533 million yuan as shown in Table 11.3-1.


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Budget for the Compensation Investment for Affected Special Facilities in Liling City Urban Flood Control Project

Table 11.3-1

Lailongmen Sub-office Xishan Sub-office Yangsanshi Sub-office Item Unit Unit Price (in

Y) Total Investment


(in Y’0000) Investment (in Y’0000) Quantity

Total 153.30 70.11 59.69 23.50

1. Transportation facilities 6.40 6.40

1.1 Cement street m２ 200 6.40 320 6.40

2. Power facilities 33.35 18.86 8.69 5.80

2.1 380V low-voltage lines km 27500 32.45 6.75 18.56 3.05 8.39 2 5.50

2.2 Transformer piece 3000 0.90 1 0.30 1 0.30 1 0.30

3. Telecommunication line km 50000 64.50 8.9 44.50 2.50 12.50 1.5 7.50

4. Broadcasting line km 35000 13.30 2.60 9.10 1.2 4.20

5. Hydraulic facilities 35.75 6.75 23.00 6.00

Pond piece 20000 20.00 7 14.00 3 6.00

Pumping station piece 15000 13.50 3 4.50 6 9.00

Canal km 45000 2.25 0.5 2.25


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11.4 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 0.9473 million yuan as 3% of the sum of the resettlement compensation fee and compensation investment on special facilities.

2) Implementation Management Cost: Including the routine management cost for resettlement implementation

agency, such as salary, official business and evection, etc., it is calculated to be RMB 0.9473 million yuan as 3% of the sum of cost for resettlement compensation and compensation investment for special facilities.

3) Implementation Agency Initiation Cost: Including cost for official rooms, vehicles and equipment procurement

and other required costs for the start-up and operation of the resettlement implementation agency, which is calculated to be RMB 0.4209 million yuan.

4) Technical Training Cost: Required cost for enhancing the production skills and cultural accomplishment of the

rural resettlers and the management level of resettlement cadres. The cost is calculated to be RMB 0.1502 million yuan as 0.5% of resettlement compensation investment.

5) Supervision and M & E Cost: Cost for resettlement comprehensive supervision, monitoring and evaluation. The

cost is calculated to be RMB 0.4736 million yuan as 1.5% of the sum of the cost for rural resettlement compensation and compensation investment for special facilities.

Through calculation, the other costs for the above-mentioned items total up to RMB 2.9393 million yuan.

11.5 Basic Contingency Fee The basic contingency fee is calculated to be RMB 3.4514 million yuan as 10% of the investment sum of resettlement compensation, compensation for special facilities and other costs.

11.6 Relevant Tax 1) Cultivated land occupancy tax: According to the statistical materials of Liling City in 2005, the cultivated land

area per capita of agricultural population in the project area is 0.54 mu. According to Methods of Hunan Province for Implementing the Cultivated Land Occupancy Tax, for areas where the cultivated land area per capita is below 1 mu, the tax standard for paddy field, dry farmland and garden land is 2~10 yuan/m2, 4 yuan/m2

is adopted here; and the cultivated land occupancy tax of the commercial vegetable plot is set at 10 yuan/m2. The cultivated land occupancy tax is totally calculated to be RMB 0.1632 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 Hunan Provincial Financial Department, Liling City belongs to Grade II District, and the cultivation fee standard for cultivated land is: 11000 yuan/mu for paddy field and 7000 yuan/mu for dry farmland. According to the relevant regulations in documents issued by the Ministry of National Land Resources, State Economic and Trade Committee and the Ministry of Water Resources A 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 the People’s Government of each province. Hereby, the cultivation fee standard for cultivated land is determined as 7700 yuan/mu for paddy field, and 7700 yuan/mu for vegetable plot. Through calculation, the cultivation fee for cultivated land totals up to RMB 0.0385 million yuan.

3) Recovery Fee for Forest Vegetation: According to the relevant regulations from Hunan Provincial

Implementation Methods for Expropriation, Utilization and Administration of Forest Vegetation Recovery Fee, the recovery fee standard for shrubbery land is set at 3 yuan/m2. Through calculation, the forest vegetation recovery fee is set at RMB 90.4 thousand yuan.

The above-mentioned relevant tax is calculated to be RMB 0.5585 million yuan in total. See Table 11.6-1 for


127

details.


128

Calculation for Relevant Tax of Land Acquisition in Liling City Urban Flood Control Project

Table 11.6-1

Lailongmen Sub-district Xishan Sub-district Yangsanshi Sub-district Huangni'ao

Item Unit Unit Price （yuan）

Total Investmen

t（104

yuan） Quantity Investment （104

yuan） Quantity

Investment （104

yuan） Quantity Investment

（104 yuan） Quantity Investment （104

yuan）

Total 55.85 6.51 5.56 33.46 10.32

I. Cultivated Land Occupancy Tax 16.32 2.13 1.67 9.25 3.27

1. Paddy field m2 4 6.72 16800.84 6.72

2. Vegetable Plot m2 10 9.60 2133.44 2.13 1666.75 1.67 2533.46 2.53 3266.83 3.27

II. Cultivation Fee for Cultivated Land 30.49 2.46 1.93 22.33 3.77

1. Paddy field mu 7700 19.40 25.2 19.40

2. Vegetable Plot mu 7700 11.09 3.2 2.46 2.50 1.93 3.8 2.93 4.9 3.77

III. Forest Vegetation Recovery Fee 9.04 1.92 1.96 1.88 3.28

1. Shrubbery Land m2 3 9.04 6400.32 1.92 6533.66 1.96 6266.98 1.88 10933.88 3.28


129

11.7 Total Budget The total budget of compensation investment on land acquisition, demolition and resettlement in this project is RMB 38.5243 million yuan (the total investment excluding the relevant tax is RMB 37.9658 million yuan) and will be entirely listed into the total budget of the project and undertaken by the Project Construction Unit. For details of the total resettlement budget, see Table 11.7-1.

Total Budgetary Estimation for the Compensation Investment due to the Project Land Acquisition and House

Removal in Liling City Urban Flood Control Project Table 11.7-1

Item Sub-item Investment (InY’0000) Remarks

I. Resettlement Compensation Fee 3004.21

1. Land Compensation 435.83 2. Compensation for Houses and

Auxiliary Facilities 2116.28

3. Compensation for Infrastructural Facilities 299.1

4. Relocation Transportation Fee 119.66 5. Compensation for Enterprises

and Institutions 7.82

6. Compensation for the vulnerable group 25.52

II. Compensation for Special Facilities 153.30

1. Compensation for Traffic Facilities 6.40 2. Compensation for Power

Facilities 33.35

3. Compensation for Telecom Facilities 64.50

4. Compensation for broadcast lines 13.30 5. Compensation for the water

resources facilities 35.75 III. Other Costs 293.93

1. Cost for Survey, Design and Scientific Research 94.73 3% of the sum of Item I and II

2. Implementation Management Cost 94.73 3% of the sum of Item I and II

3. Implementation Agency Initiation Cost 42.09

4. Technical Training Cost 15.02 0.5% of Item I 5. M&E Cost 47.36 1.5% of the sum of Item I and II

IV. Basic Contingency Cost 345.14 10% of the sum of Item I to Item III

V. Total Investment (excluding tax) 3796.58

VI. Relevant Tax 55.85 1. Cultivated Land Occupancy Tax 16.32 2. Cultivation Fee for Cultivated

Land 30.49 3. Forest Vegetation Recovery Fee 9.04

VII. Total Investment (including tax) 3852.43

11.8 Fund Flow

The compensation fund 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 agency and checked by the exterior monitoring agency. Liling City PMO will sign Contract Agreement of Resettlement Task Investment in Liling City Urban Flood Control


130

Project with County Project RO, and pay county RO in batches according to resettlement implementation progress. County Project RO then appropriates in classifications according to construction projects:

1) Land Acquisition: City Project RO sign Agreement of Land Acquisition Compensation and Attachments on Field with townships (management section) and villager committees affected by the project. The payment of compensation funds shall be paid to the Township (management section) Resettlement Office by County Project Resettlement Office via the bank according to the compensation items, quantity, time and expenses regulated in Agreement of Land Acquisition Compensation. Then the Township (management section) 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.

2) Residential Houses: City Project RO will sign Agreement of Demolition Compensation for Project Resettlement

Families with the involved and affected demolition resettlement households according to the following contents as basic conditions of the demolished houses, compensation amount, subsidies, payment mode and deadline, and demolition time limit, etc. The compensation fund is appropriated directly to the affected households by County Project RO.

3) Non-residential Houses: City Project RO will sign agreements with the relocatee on the contents of compensation

standard, resettlement mode and demolition time limit, etc. The compensation fund is appropriated directly to the relocatee by County Project RO.

4) Compensation Fee for Public Infrastructural Facilities: City Project RO sign the Agreement of Compensation for

Public Infrastructure with the project-affected township (management section) and the villager committee, or the Contract of Resettlement Project Construction with the construction unit directly. The compensation fund shall be paid to the relative townships, the villager’s groups and the undertaking units in batches according to the stipulations of the contractual agreement.

5) Special Facilities: County Project RO will sign Agreement of Compensation for Rehabilitation and Rebuilding of

Special Facilities with each special department. For details of resettlement compensation fund flow of this project, see Fig. 11.8-1.


131

Land Compensation Fee

County PMO

County Project RO

Township (management section) RO

Villager Committee or Villager’s Group

Resettlement Subsidies

County PMO

County Project RO


Villager Committee or Villager’s Group

Compensation Fee for Young Crops

County PMO

County Project RO


Villager Committee

Resettlement Household

Compensation Fee for Residential Houses and Auxiliary Facilities

County PMO

County Project RO


Relocatee Household

Relocation Subsidies

County PMO

County Project RO


Relocatee Household or the Relevant Unit

Compensation Fee for Tomb

County PMO

County Project RO


Owner

Compensation Fee for Infrastructural Facilities

County PMO

County Project RO

Construction Unit

Non-residential Production and Business Shutdown Loss Fee

County PMO

County Project RO

Relocatee

Non-residential Relocation Subsidies

County PMO

County Project RO

Relocatee

Compensation Fee for Special Facilities

County PMO

County Project RO

Department in Charge of the Special Facilities

Construction Unit

Subsidies for Vulnerable Group

County PMO

County Project RO


Vulnerable Group

Planning and Design Cost

County PMO

Resettlement Design Unit

M&E Cost

County PMO

M & E Unit

Technical Training Cost

County PMO

Technical Training Unit

Comp

ensa

tion F

ee fo

r Res

ettlem

ent

Implementation Management Cost

County PMO

Resettlement Implementation Organ at Various Levels

Fig.11.8-1 Fund Flow Chart of Resettlement Compensation in Liling City Urban Flood Control Project


132

11.9 Fund Appropriation 11.9.1 Appropriation Principle 1) All the expenses related to land acquisition demolition will be listed into the project engineering total budget, and

compensation fees for land acquisition demolition and other expenses will be paid by PMO via the County (District) RO to the relevant units and individuals;

2) The land acquisition fees will be paid by County (District) RO via the bank to the administrative villages, which will use them in principle for production rehabilitation of the villagers’ groups that are directly affected by the project or absorb the resettlers;

3) The compensation fees for the resettlers’ houses will be paid by the County (District) RO to the resettlement households before their building houses. If the compensation fee for houses will be paid by installment to the resettlers, the last sum of amount shall be paid to them before the completion of building houses;

4) The land compensation fee will be paid three months before the acquisition of the land. 5) In order to ensure the smooth implementation of resettlement of land acquisition demolition, the project office

shall establish finance and supervision organs at various levels, so as to ensure the timely appropriation of all the funds in place.

11.9.2 The Organ in Charge of Resettlement Finance 1) The organs in charge of compensation fund for the rural land acquisition are special finance organs of the County

(District) RO, LAB, and township (town) as well as village committee. 2) The organs in charge of compensation fund for rural housing demolition and special facilities are the special

finance organs under the the County (District) RO. 3) For the resettlement fund, carry out the level-by-level appropriation mechanism from the above to below. The

organs at the various levels will strictly carry out the financial settlement and auditing system, examine and report the fund fulfillment and utilization to the higher level at the fixed time, and put forward the rectification and remedy measures to unexpected conditions, so as to ensure the appropriation and utilization of the fund as planned.

4) Ensure the resettlement fund in exclusive use. No permission for the holdback by any intermediate organs or

misappropriation for other purposes. 11.9.3 Annual Fund Use Plan The annual investment plan of each resettlement compensation fee is worked out on the basis of resettlement progress arrangement. The annual fund use plan is arranged as follows: for the first year, RMB 1.6722 million yuan, accounting for 4.34% of the total investment; for the second year, RMB 23.5068 million yuan, accounting for 61.02% of total investment; for the third year, RMB 12.9979 million yuan, accounting for 33.74% of the total investment; for the fourth year, RMB 0.3474 million yuan, accounting for 0.9%. For details of annual fund use plan, see Table 11.9-1.

Budgetary Estimation for the Compensation Investment of Land Acquisition and House Removal in Liling Urban Flood Control Project

Table 11.9-1

Item Sub-item

Total Investment (in Y’0000)

1st Year (in Y’0000)

2nd Year (in Y’0000)

3rd Year (in Y’0000)

4th Year (in Y’0000)

I. Resettlement Compensation Fee 3004.21 1869.47 1134.74

1. Land Compensation 435.83 270.78 165.05

2. Compensation for Houses and Auxiliary Facilities 2116.28 1314.84 801.44


133

3. Compensation for Infrastructural Facilities 299.1 185.83 113.27

4. Relocation Transportation Fee 119.66 74.34 45.32

5. Subsidies for enterprises or institutions 7.82 7.82

6.Subsidies for Vulnerable Group 25.52 15.86 9.66

II. Compensation for Special Facilities 153.30 153.30

1. Compensation for Traffic Facilities 6.40 6.40

2. Compensation for Power Facilities 33.35 33.35

3. Compensation for Telecommunication Facilities 64.50 64.50

4. Compensation for CATV 13.30 13.30

5. Compensation for Hydraulic Facilities 35.75 35.75

III. Other Costs 293.93 152.02 63.44 46.89 31.58 1. Cost for Survey, Design and 94.73 79.76 8.62 6.35 2. Implementation Management 94.73 18.95 33.16 25.97 16.65 3. Implementation Agency Initiation 42.09 42.09 4. Technical Training Cost 15.02 4.13 7.45 3.44 5. M & E Cost 47.36 7.09 14.21 11.13 14.93 IV. Basic 345.14 15.20 208.62 118.16 3.16 V. Total Investment 3796.58 167.22 2294.83 1299.79 34.74 VI. Relevant Tax 55.85 55.85 1 Cultivated Land Occupancy Tax 16.32 16.32 2. Cultivation Fee of Cultivated 30.49 30.49 3. Forest Vegetation Recovery Fee 9.04 9.04

VII. Total Investment (including tax) 3852.43 167.22 2350.68 1299.79 34.74


134

12. Resettlement Progress Arrangement The schedule of resettlement progress arrangement should be worked out in terms of the construction contents, works quantities, time limit, resettlement objects and modes, and other factors. 12.1 Principles of Resettlement Progress Arrangement 1) For the rural resettlers’ land acquisition demolition, at the time of arranging the implementation progress, houses

within the range of land acquisition demolition, in collaboration with the characteristics of agricultural production, should be arranged in slack season as much as possible, so as to minimize impact on agricultural production.

2) Demolition of the resettlers’ houses shall be phased, but should be finished before the commencement of

each bid section works; 3) Notify the resettlers whose houses are required to be demolished at least 3 mouths ahead of time, and give

them at least 2 months to build new houses from the notified date to the ultimate time limit of demolition. Those affected persons may live in their former houses until completion of the new ones;

4) House building time should be arranged according to the schedule of project, and could be prolonged if

necessary; 5) To minimize impact on resettlers’ livelihood, the public and infrastructural 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 bid section works. 7) Resettlers’ training should be carried out four times in slack season with each time lasting 5 days, and start

respectively when agricultural production resettlement goes through its 1/3 course and at its ending. 8) Demolition and re-establishment of enterprises and public institutions should be arranged by their principal

departments in accordance with project schedule. 12.2 Progress Plan 12.2.1 Project Implementation Schedule

The construction of the project covers 5 low water periods, 6 years and 58 months in total. The August each year is th econstruction preparatory period, when the installation of wind, water and electricity, and building of temprary construction roads, workshops, warehouses and other auxiliary facilities shall be completed. The first low water period is to complete the dike works at the left bank (Chainage 0+000～3+000), electric drainage station of Vessel Plant and Ershengqiao flood diverging canal (Chainage 0+000～0+500); the second low water period is to complete the dike works at the left bank (Chainage 3+000～6+233.2), 3 culvert gates at Yangsanshi, Lujiang Township and Hexin Dam, 2 electric drainage stations at Ersheng Bridge and Lingguan Dam as well as Ershengqiao flood diverging canal (Chainage 0+500 and the rear canal section); the third low water period is to complete the dike works at the right bank (Chainage 0+000～2+358.5), Chedunqiao electric drainage station and inverted siphon, Jianggangwan flood diverging canal (Chainage 0+000～0+500) and Liujiawan flood diverging canal; the fourth low water period is to complete the dike works at the right bank (Chainage 2+358.5～4+800) and Jianggangwan flood diverging canal; the fifth low water period is to complete the dike works at the right bank (Chainage 4+800～6+288) and 2 culvert gates at Shanggang and Dingjiagang. The May of the sixth year is the winding-up period, including demobilization of personnel together with machinery and equipment, worksite leveling and restoration.

12.2.2 Resettlement Implementation Schedule According to construction design and organization, land acquisition and resettlement should be completed in


135

advance to ensure civil works could proceed in accordance with the project design schedule, which is the basis for formulating the resettlement implementation schedule. 1) The detailed time for the resettlement investigation is in May 2006; 2) Resettlement Plan is prepared and submitted to ADB in June 2009; 3) Selection of external monitoring and evaluation agency by the end of June, 2009 and sign compensation

agreements with affected parties in August 2009; 4) Land acquisition, relocation and rehabilitation program will be started from August 2009 and completed at

the end of October, 2010; 5) Restoration plan of the affected infrastructures for different sections of embankments is from October 2009

to completed by the end of September, 2010; 6) Resettlement job training and resettlement staff training program is arranged in September, 2009; 7) Preparation and submission of internal and external resettlement monitoring and evaluation reports in July

and December every year; 8) The completion and acceptance of resettlement works will be carried out in November 2010; and

resettlement completion report will be carried out in December, 2010. Detailed implementation schedule is shown in theTable below:


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Table 12.2-1 Implementation Schedule for Land Acquisition and Resettlment of Liling City Urban Flood Ctonrol Project

Activities 2006 2007 2008 2009 2010

1 3 5 7 9 11 1 3 5 7 9 11 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11

Detailed Impact Survey

Consult with APs

Resettlement Plan Preparation

Disburse RIB

RP approved by LPMO

Submit to ADB

Capacity Building

Selection of M&E Agency

Sign compensation contractsRelocation plan (Disburse funds, site leveling and house construction)

Relocation plan (Disburse funds,land and non-land based rehabilitation)

Infrastructure Restoration

Resettlement Training Program

Implemenation of M&E

Resettlement Task Acceptance

Resettlement Completion Report


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Appendix 1: Resettlement Information Booklet 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 Liling City, 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 5-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 Liling City and benefit the normal social development. The main engineering measures involved in land acquisition and relocation of Liling City 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 areas in the project land acquisition, with the residents’ production and living seriously affected by the project construction, are considered as the affected areas 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. However, due to detailed survey conducted, such adjustment will be very limited and final scope of impact figures will not expect any major changes.

2. Project Affected Area and Quantity According to the investigation, the permanent land acquisition will involve 4 sub-offices, 13 administrative villages and 30 villagers’ groups, and acquire various land area of 788.3mu, of which, the state-owned land accounts for 740.4mu (including 20mu enterprise or institution land, 33mu urban residential land and 687.4mu other land uses), and the collective land accounts for 47.9mu (including 25.2mu paddy field, 14.4mu market vegetable plot and 8.3mu garden plot); the project dismantles residential and non-residential area of 46776m2 (including brick-concrete structures of 45124m2, accounting for 96.47%; brick-wood structures of 589m2, accounting for 1.26% and simple structures of 1063m2, accounting for 2.27%). The affected households to be relocated due to the demolition are 544.

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 ensurence 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 1) 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) 2) 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) 3) Houses Demolition Administration Regulations of the PRC (NO. 305 Decree by the State Council of the PRC


138

issued on June 13, 2001, starting implementation since November 1, 2001) 4) 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) 5) Regulations for the Compensation of Land Acquisition and Resettlement by the Large or Medium Scaled

Hydraulic and Hyropower Project Construction (NO.471 Decree by the State Council of the PRC issued on December 27, 1998, starting implementation on July 7, 2006)

6) A Directive about Perfecting the Compensation Resettlement System for Land Requisition (The GTZF [2004] NO.238 issued on November 3,2004)

7) Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China (approved by 14th congress of the Standing Committee of 9th People's Congress Council of Hunan Province on March 31, 2000)

8) 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)

9) Notice on the Standard of Annual Output Value of Hunan Provincial Land Acquisition Issued by General Office of Hunan Provincial People’s Government (XZB [2005] No.47)

10) Resettlement Policy by ADB: Resettlement Handbook—Feasible Practice Guide 4.2 Policy Objectives 1) Avoid or reduce to the minimum the tangible material quantity of land acquisition relocation and 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 second and third 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

4.3.1. Rural Houses and Attachments

1) The compensation of all the houses shall be obtained according to replacement value, and no depreciation charge is allowed. Available materials belong to the relocatees, and they also can use them to build new house. These compensation rates will be used by resettlement office as lowest limit. The implemented compensation rates will be based on actual appraised values in the project areas.

2) Resettlement institution shall help the rural relocatees to move into the new house, and each person shall get the compensation for infrastructures, including water drinking and lighting, etc. Such compensation should be based on topographical condition and followed the relevant provincial regulations.

3) The moving allowance for the relocates should include moving expense, living subsidy, transfer allowance for temporary housing, and secondary moving expense. The actual expense will be based on distance of moving and length of transfer period.

5) Effective measures shall be employed by the resettlement institution in the course of implementation to help the vulnerable (the old, the handicapped, the weak and woman-headed households).

4.3.2. Non-Residential Structures 4.3.2.1: Enterprises and Institutions

1) For all non-residential structures, the basic rehabilitation strategy is have cash compensation. The compensation should follow the compensation standards for urban housing structures at replacement value


139

without depreciation. 2) Moving allowance for non-residential structures under eneterprises and institutions should be based on

amount of floor spaces. 3) Equipment Compensation for affected enterprises include compensation for dismantling, and reinstallation

of affected equipments. 4) The enterprises or institutions that will be affected with their nornmal operation will be provided with

compensation for the loss of their production during interruption. The compensation for production interruption should not be more than 6 months.

4.3.2.2: Small Individual Shops

1) All affected small shops are based on privately owned residential structures, and non of them are formal commercial buildings. These structures will be compensated as urban residential houses by following “ Zhangjiajie Municipal Method for Urban House Demolition and Relocation”. The compensation should follow replacement value with no depreciation.

2) During house construction and relocation, the affected small shops should be compensated for the loss of

business during interruption, which include compensation for lost wages among affected employees. The compensation for loss of business and moving allowance should be based amount of floor spaces affected. The length of interruption should not be more than three months.

4.3.3: Scattered Trees The Project should provide compensation for removed trees or compensation for relocating trees.

4.3.4: Land Acquisition and Occupation 4.3.4.1: Stated Owned Land

1) For affected urban industrial land, they will obtain through land use right purchase. The compensation will follow similar land acquisition and rehabilitation practice in Liling City.

2) For affected urban residential structures, they will adopt cash compensation method. The part of land compensation will be based on market appraisal value.

3) For the acquired urban waste land such as river bed and unutilized land, they will be allocated to the project use without compensation.

4.3.4.2: Collectively Owned Rural Land

1) For the acquired rural land or cultivated land, the affected villages will be provided with land compensation, resettlement subsidy, and green crop compensations. In addition, for thouse villages with adequate land holding, they will carry out land readjustment so that all affected people could get sufficient farmland or production means. While land compensation and resettlement subsidy will be used by the affected village groups. For those village groups with limited land holding, and could not carry out land readjustment, the affected people will receive full resettlement subsidy and at least 75% of land compensation.

2) The average annual output value for the acquired farmland will follow Hunan Government No. 47 Decree in

2005; and compensation multiples will follow relevant national laws and provincial regulations. The land compensation will be set at 10 times of AAOV and resettlement subsidy will be set at 6 times of AAOV. For acquired fruit garden, residential plot, and other rural lands, the compensation will follow relevant regulations for adqueate compensation.

4.3.4.3: Temporary Land Occupation

1) Compensation for temporary land occupation include ccompensation for green crop, compensation for land occupation, and compensation for land restoration. The length of temporary land occupation will be 2 years, If temporary land occupation exceeds 2 years, temporary land occupation should be re-applied.

2) Compensation for land occupation will be mainly used to compensate the total outputs lost during the land

occupation, which will be based on original average annual output value and length of land occupation.


140

3) When temporary land occupation is completed, the occupied land areas should be restored and returned to the affected villages. For the affected dry farmland, they should be restored into original condition and cost of land restoration should be based on actual cost.

4.3.5: Special Infrastructure Facilities

For the affected different types of infrastructure facilities, they will be rehabilitated or reconstructed based on actual conditions, and original scale and functions. Based on amount of investment for different affected infrastructure facilities, the project sponsor will provide compensation to the relevant department agencies in charge of these facilities and organize the implementation.

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 terms, 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.

4.5 Rehabilitation Strategy

To mitigate the economic impacts incurred due to the project, the project group will conduct the land adjustment within the scope of villages; develop the shed vegetables as well as breeding, or directly issue the compensation fees to the APs. The relocatees shall relocate within the original villager’s group or by way of the concentrated exchange of property right replacement.

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) City Project Resettlement Leading Group 4) City 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 to the


141

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 solvation, 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 administration 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.


142

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5 3.4

5 3.4

5 4.3

54. 0

54 .7

5 4.8

53 .8

52. 7

54. 5

5 4.7

55 .0

54 .6

54.8

54. 7

54. 4

5 2.9

52 .9

5 2.6

50. 8

5 0.6

53. 1

53. 1

5 3.6

54.7

54. 2

5 4.4

5 4.5

54. 4

54 .6

54. 5

53. 0

54 .8

54. 6

54. 2

5 3.4

53.0

52. 1

52. 8

51. 3

48. 2

52. 3

52 .1

5 5.9

56. 3

5 2.6

51 .4

50. 6

52 .7

51.8

54. 7

5 6.9

5 6.6

56.1

5 7.2

55. 4

55 .9

57. 1

57 .0

56.0

5 3.7

5 3.7

51. 85 2.8

4 8.1

4 8.1

5 3.5

55. 6

54. 4

5 4.2

5 6.0

5 5.7

53 .4

5 5.3

55. 2

5 3.2

54. 3

53. 7

53. 753. 6

51. 8

54. 1

48.2

5 4.2

54 .5

55. 1

5 4.0

52 .5

48. 2

54. 1

5 5.348 .2

59 .6

55. 3

5 2.2

52 .4

54. 81

3.5

55 .7

54. 4

55 .0

5 4.3

54 .7

5 5.5

55. 2

5 4.7

51.9

48. 9

54. 655 .3

5 5.2

53. 9

53. 6

54. 7

55 .4

55.4

47.6

53. 5

53. 4

55.8

55 .6

50. 0

55.0

5 3.7

54. 2

53. 7

5 4.3

53.8

53.8

54. 0

54. 2

5 3.9

47. 7

53. 7

5 3.8

53. 6

53. 7

4 7.7

53. 6

5 4.7

55. 2

55. 1

55 .7

5 5.7

55. 0

5 5.1 2

48 .0 47. 6

47. 63

52 .6

55. 3

55. 2

5 5.1

5 5.5

54.6

5 5.352 .4

5 6.2

56 .5

54. 5

55 .3

5 4.2 18 .5

55. 21

62 .81

6 4.7 2

62. 6

6 4.6 359. 7

5 9.4

55 .8

5 1.6

58. 9

51. 7

47. 6

53. 9

5 4.3

5 9.7

54 .9

5 5.7

5 4.3

59.6 35 4.9

5 4.4 9 55. 73

53 .22

5 5.46

5 5.3 1

5 8.2 3

55 .2

55. 2

54.8

54. 6

5 7.5 8

57. 42

55.5 2

48. 355.7 1

56. 6

59. 6

61 .3

61 .1

5 7.3

57.5 5

56 .8

57 .43

57 .95

59 .29

59. 56

62. 33

60 .64

58.9 2

59. 1

62. 075 7.21

61 .9

62. 7

62 .98

5 8.6

62 .59

57. 53

5 8.9 2

58. 0

5 7.1

59 .7

60 .10

57 .00

53. 7

5 3.5

60.5 2

60. 73

4 9.6

56. 85 2.6

49 .81

4 9.5

48 .21

64 .4

55. 12

4 8.4 4 8.4

59 .7

54. 3

64. 41

5 8.3 1

58 .21

48. 42 4 8.43

5 2.81

56.5 1

62. 41

6 1.21

5 5.8 1

6 0.4 160. 50

59. 2

60 .71

60 .54

6 0.5 3

6 0.61 6 0.6 1

6 0.6 2 60 .61

61 .23

60. 63

62 .41

63. 30

6 3.1662. 81

6 2.3 1

61 .70

61 .31

60. 82

60.5 2

61. 23

61. 82

6 2.62

6 3.7 1

6 1.60

63. 15

61 .62

6 2.51

6 2.8 1

60. 51

61. 61

62 .23

62 .41

61. 90

63. 0

6 0.6 1

64. 1

61 .61

6 1.12

5 2.2

5 2.6

53. 1

52. 1

53. 0

53. 752. 6

52. 4

5 3.7

52. 2

51. 2

52.9

54. 0

53. 9

53.5

54.35 4.0

51 .2

51. 3

54. 1

5 4.1

53. 7

53. 5

5 3.9

5 3.5

4 7.7

5 3.6

51 .2

53. 1

50 .2

54. 8

5 5.6

54. 3

53 .3

5 3.2

51. 6

52 .2

51. 7

51.9

53. 4

5 3.7

51 .8

48. 4

53. 9

53 .7

5 4.0

4 8.5

53.9

5 3.8

53. 1

53. 9

53. 9

54 .1

54 .1

50 .8

48. 5

51. 2

54 .0

53 .3

53. 5

50 .2

53. 4

5 3.3

5 3.0

52 .1

51. 0

52 .3

5 5.2

52. 7

50. 3

5 0.6

48. 5

52. 0

53. 0

5 1.2

53.6

53. 2

5 3.0

53. 1

5 3.0

5 2.5

54.954. 5

54. 8

54 .5

54. 3

54.1

54. 7

54 .5

54. 6

54. 4

5 3.3

51 .2

48. 4

4 8.4

5 1.7

52 .6

52 .8

5 2.3

5 1.5

50. 0

5 3.953. 4

54. 9

5 4.4

5 4.3

52.7

5 3.0

5 3.8

51. 1

48 .5

54 .7

5 4.7

54. 7

55 .1

54 .7

5 1.4

53. 8

53. 7

55. 3

48 .5

51. 2

5 3.1

54 .0

53 .7

51. 0

51. 951 .8

53. 8

53 .3

53 .6

53. 5

53. 4

51 .5

55. 8

55 .0

5 5.3

5 4.4

54 .4

54. 5

54 .2

53. 7

52. 4

5 1.9

1.5

5 0.4

54 .3

54. 4

54 .1

53. 9

5 3.0

51. 4

59. 83

4 9.4

52. 6

59 .71

54.8

48. 4

59. 74

54. 4

53. 9 54 .4

53. 8

49 .6

5 3.9

4 8.4

river

river

river

river

江

river

river

river

江

river

river

49 .48

4 9.9 1

5 4.5 1 53. 27

49 .48

4 9.9 1

R15000

R60000

R80000

R15000

R160000

R110000

R20000

R60000

R100000

R30000

R100000

R80000

R100000

R100000

R100000

R30000 0

R50000

R30000

R180000

R50000

R80000

R60000

R40000

R15000

R15000

flow rate 11.80m3 /s

flow rate 6.59m3 /s

flow rate 5.89m3 /s

Designed flow rate 9.35m3 /s



Flow rate 3.98m3 /s


5+1 82.1

4+99

5.3

0+000.0

1+741.5

0+000.0

0+369.55+

218.

7

5+27

3.5

撇0+120.0

Notes：1.Elevation, chainage No. and dimension in the drawing shall all be calculated as m.2. The elevation system is 85 natinoal elevation system and the coordination system is assumed as right angle coordination system.

0+42

8.2

0+020.0

N

0 40m


143

上

上


144

上


145

上


146

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