Asian Development Bank · 2014. 9. 29. · GSDS Certificate Grade A No.180105-sj GSDK Certificate...

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 Jishou City

Urban Flood Control Project Utilizing ADB Loans

Resettlement Plan

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

Jishou City PMO of Urban Flood Control Project Utilizing ADB Loans June 2007

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

Approved by: Xiao Wenhui Song Qinghong

Ratified by: Zhang Kejian Chen Xiang

Examined by: Xie Dahu Xiang Yunqing

Checked by: Zhao Gengqiang

Compiled by: Tan Lu

Main Designers: Zhang Tao Tan Lu Pei Xijun

Zhao Gengqiang Peng Hua Ouyang Xiangping


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Contents

Objectives of Resettlement Plan & Definition of Resettlement Vocabulary ............................................ 1 Summary of Resettlement Plan for Jishou Urban Flood Control Subproject ......................................... 3 1. General Description of Project ................................................................................................................ 9

1.1 Project Background ..............................................................................................................................9 1.2 General Situation of Project ............................................................................................................... 11

1.2.1 Areal Geography Location ........................................................................................................... 11 1.2.2 Contents and Scale of Project Construction ................................................................................ 11 1.2.3 Project Investment Estimation and Planned Progress ................................................................. 12 1.2.4 Socioeconomic Benefit of Project ................................................................................................ 12

1.3 Affected Scope of Project ................................................................................................................... 13 1.4 Compilation of Resettlement Plan ...................................................................................................... 14

1.4.1 Basis and Objective for Report Compilation ................................................................................ 14 1.4.2 Method of Report Compilation ..................................................................................................... 14

2. Project Impacts ...................................................................................................................................... 16

2.1 Measures for Avoiding or Reducing to the Minimum the Land Acquisition and Relocation Impacts ... 16 2.1.1 Measures for Reducing the Land Acquisition Impacts in Project Design Phase .......................... 16 2.1.2 Measures for Reducing the Impact due to Land Acquisition in Project Construction ................... 17

2.2 Investigation on Project Impacts ......................................................................................................... 18 2.2.1 Investigation Contents ................................................................................................................. 18 2.2.2 Investigation Method ................................................................................................................... 19

2.3 Investigation Results on Project Impacts ............................................................................................ 20 2.3.1 Land Affected by Project .............................................................................................................. 22 2.3.2 Affected Population Due to Project .............................................................................................. 28 2.3.3 Houses and Auxiliary Facilities to be Demolished ....................................................................... 31 2.3.4 Scattered Trees ........................................................................................................................... 38

2.3.5 Affected Individuals Engaged in Small-scale Business ................................................................ 38 2.3.6 Affected Enterprises and Institutions ........................................................................................... 38


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2.3.7 Affected Special Facilities by the Project ..................................................................................... 41 2.3.8 Affected Minorities Due to Project ................................................................................................ 42 2.3.9 Affected Vulnerable Groups Due to Project ................................................................................. 44

2.4 Impact Analysis of Project .................................................................................................................. 45 2.4.1 Project Impact Characteristics ..................................................................................................... 45 2.4.2 Analysis and Evaluation of Impact ............................................................................................... 46

3. Natural and Socio-Economic Conditions of the Project-Affected Areas ........................................... 48

3.1 Natural Conditions of the Project-Affected Areas ............................................................................... 48 3.2 Socio-Economic Conditions in the Affected Areas of Project .............................................................. 49 3.3 Socio-Economic Conditions of Townships (Sub-districts) and Villages in the Affected Areas of the Project ...................................................................................................................................................... 52 3.4 Basic Conditions of Relocatees .......................................................................................................... 55

3.4.1 Investigation Objectives ............................................................................................................... 55 3.4.2 Investigation Content ................................................................................................................... 55 3.4.3 Investigation Method and Procedure ........................................................................................... 56 3.4.4 Investigation Results and Analysis .............................................................................................. 56

3.5 Social and Economic Effects for Resettlement to the Affected Population ......................................... 59 4. Legal Framework and Policy ................................................................................................................. 61

4.1Main Chinese Laws & Regulations and Policies for Resettlement ...................................................... 61 4.1.1 Policy Bases ................................................................................................................................ 61 4.1.2 Relevant Laws and Regulations .................................................................................................. 62

4.2 Relevant Articles of the ADB .............................................................................................................. 74 4.2.1 Policy Bases ................................................................................................................................ 74 4.2.2 Relevant Policies and Regulations .............................................................................................. 74

4.3 Compensation Standards for Project .................................................................................................. 74 4.3.1 Compensation Qualification ......................................................................................................... 74 4.3.2 Principles of Compensation Rehabilitation .................................................................................. 75 4.3.3 Compensation Reference and Standard for Land Acquisition ..................................................... 77 4.3.4 Relocation Compensation Reference and Standards for Residential House and Auxiliaries ................... 82 4.3.5 Compensation Reference and Standards for Affected Individuals Engaged in Small-scale Business ............................................................................................................................................... 87 4.3.6 Compensation Reference and Standard of Affected Enterprises and Institution ......................... 87


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4.3.7 Compensation Reference and Standard of Special Facilities Affected by the Project ................. 88 4.4 Table of Entitlement Matrix ................................................................................................................. 94

5. Resettlement and Rehabilitation Measures ....................................................................................... 100

5.1 Resettlement and Rehabilitation Strategies ..................................................................................... 100 5.1.1 Resettlement Objectives ............................................................................................................ 100 5.1.2 Resettlement Task ..................................................................................................................... 100

5.2 General Scheme of Rehabilitation .................................................................................................... 100 5.3 Rehabilitation Plan for Livelihood Rehabilitation ............................................................................... 101

5.3.1 Choice of Rehabilitation Method ................................................................................................ 101 5.3.2 Principle and Procedure for Selecting Resettlement Sites......................................................... 101 5.3.3 Planning of Demolition and Housing .......................................................................................... 101 5.3.4 Infrastructure and Public Facilities ............................................................................................. 104 5.3.5 Assistance in Resettlement ....................................................................................................... 105 5.3.6 Resettlement Planning for Resettlers’ Village ............................................................................ 106

5.4 Economic Rehabilitation Planning for Resettlers .............................................................................. 107 5.4.1 Economic Rehabilitation Tasks for Resettlers ............................................................................ 107 5.4.2 Economic Rehabilitation Objective for Resettlers ...................................................................... 111 5.4.3 Economic Rehabilitation Standard ............................................................................................. 111 5.4.4 Environmental Capacity Analysis ............................................................................................... 111 5.4.5 Economic Rehabilitation Planning ............................................................................................. 117 5.4.6 Plan for Economic Rehabilitation in Key Resettlement Villages ................................................ 121 5.4.7 Investment of Economic Rehabilitation ...................................................................................... 123 5.4.8 Balance between Land Compensation Fee and Economic Rehabilitation Investment .............. 125 5.4.9 Forecast of Economic Income Level .......................................................................................... 125 5.4.10 Rehabilitation Measures for Resettlers’ Economic Income ...................................................... 126

5.5 Rehabilitation Plan for Affected Commercial Units ........................................................................... 127 5.6 Rehabilitation Plan for Affected Enterprises and Institutions ............................................................ 127 5.7 Minorities Resettlement .................................................................................................................... 127 5.8 Vulnerable Groups Resettlement and Rehabilitation ........................................................................ 129 5.9 Planning of Relocation and Reconstruction Special Facilities .......................................................... 129

5.9.1 Transport Facilities .................................................................................................................... 129 5.9.2 Transformer Facilities ................................................................................................................ 130 5.9.3 Water Conservancy Facilities .................................................................................................... 130


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6. Institution and Responsibilities .......................................................................................................... 131 6.1 Resettlement Engaging in the Resettlement Planning ..................................................................... 131 6.2 Institutions and Responsibilities of Resettlement Implementation Management .............................. 131

6.2.1 Institutions ................................................................................................................................. 131 6.2.2 Responsibilities.......................................................................................................................... 131

6.3 Supervision Institutions .................................................................................................................... 135 6.4 Resettlement Management System ................................................................................................. 135 6.5 Personnel and Facilities of Resettlement Institution ......................................................................... 136

6.5.1 Personnel Arrangement ............................................................................................................. 136 6.5.2 Facilities .................................................................................................................................... 136

6.6 Training Plan .................................................................................................................................... 137 6.6.1Resettlement Administrator Training Plan ................................................................................... 137 6.6.2 Production Skills Training for Resettlers .................................................................................... 138 6.6.3 Investment on Resettlement Training and Planning .................................................................. 138

6.7 Measures for Institution Consummating ........................................................................................... 139 7. Public Participation and Harmonization with Residents in Resettlement Area .................................... 141

7.1 Public Participation Strategies .......................................................................................................... 141 7.2 Approaches and Measures of Public Participation ........................................................................... 141

7.2.1 Participation Approaches ........................................................................................................... 141 7.2.2 Participation and Consultation Measures .................................................................................. 141

7.3 Public Participation in the Process of Resettlement Planning .......................................................... 142 7.4 Public Participation and Plan in Implementation of Resettlement Plan ............................................ 145

7.4.1 Participation in the Houses Rebuilding and Resettlement ......................................................... 145 7.4.2 Participation in Economic Rehabilitation .................................................................................... 145 7.4.3 Participation in the Usage and Management of Land Compensation Fee ................................. 145 7.4.4 Participation in Project Construction .......................................................................................... 146

7.5 Women Participation ........................................................................................................................ 146 7.6 Harmonization with the Residents in Resettlement Area .................................................................. 147

8. Appeal Procedure ................................................................................................................................ 148

8.1 Possible Complaint and Problems Solving Methods ........................................................................ 148 8.2 Appeal Channel and Procedure........................................................................................................ 149


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9. Environment Protection and Management ........................................................................................ 151 9.1 The Necessity of Environment Protection......................................................................................... 151 9.2 Liquidation of Relocation .................................................................................................................. 151 9.3 The Environment Management of the Resettlement Area ................................................................ 151

10. Monitoring and Evaluation ................................................................................................................ 153

10.1 Internal Monitoring .......................................................................................................................... 153 10.1.1 Internal Monitoring Agency Organization ................................................................................. 153 10.1.2 The Objective of Internal Monitoring ........................................................................................ 153 10.1.3 The Content of Internal Monitoring .......................................................................................... 153 10.1.4 The Responsibilities of Internal Monitoring .............................................................................. 153

10.2 External Monitoring ........................................................................................................................ 154 10.2.1 Independent Monitoring & Evaluation Agency ......................................................................... 154 10.2.2 The Objective of Independent Monitoring & Evaluation ........................................................... 154 10.2.3 The Contents of Independent Monitoring & Evaluation ............................................................ 155 10.2.4 The Methods of Independent Monitoring& Evaluation ............................................................. 155 10.2.5 The Procedure of Independent Monitoring & Evaluation ......................................................... 158 10.2.6 The Period, Frequency and Standard of Monitoring & Evaluation ........................................... 159

10.3 The Evaluation of Resettlement ..................................................................................................... 159 11. Resettlement Budget ......................................................................................................................... 160

11.1 Compilation Reference and Principle ............................................................................................. 160 11.1.1 Main References ...................................................................................................................... 160 11.1.2 Compilation Principle ............................................................................................................... 160

11.2 Resettlement Compensation Fee ................................................................................................... 161 11.2.1 Land Compensation ................................................................................................................. 161 11.2.2 Compensation for Houses and Auxiliary Facilities ................................................................... 161 11.2.3 Compensation for Infrastructural Facilities ............................................................................... 161 11.2.4 Relocation Transportation Fee ................................................................................................. 161 11.2.5 Compensation for Enterprises and Institutions ........................................................................ 162 11.2.6 Subsidies for Vulnerable Group ............................................................................................... 162 11.2.7 Resettlement Compensation Investment ................................................................................. 162

11.3 Compensation for Special Facilities ................................................................................................ 164 11.4 Other Costs .................................................................................................................................... 165


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11.5 Basic Contingency Fee ................................................................................................................... 166 11.6 Relevant Tax ................................................................................................................................... 166 11.7 Total Budget .................................................................................................................................... 167 11.8 Fund Flow ....................................................................................................................................... 168 11.9 Fund Appropriation ......................................................................................................................... 170

11.9.1 Appropriation Principle ............................................................................................................. 170 11.9.2 The Organ in Charge of Resettlement Finance ....................................................................... 170 11.9.3 Annual Fund Use Plan ............................................................................................................. 170

12. Resettlement Progress Arrangement ............................................................................................... 174

12.1 Principles of Resettlement Progress Arrangement ......................................................................... 174 12.2 Progress Plan ................................................................................................................................. 174

12.2.1 Resettlement Implementation Progress Plan ........................................................................... 174 12.2.2 Resettlement Implementation Schedules ................................................................................ 175

Appendix 1: Resettlement Information Booklet .................................................................................... 177

Attached Figure 1 Schematic Drawing of Geographic Position of Jishou City Urban Flood-control Project Attached Drawing 2: Land Acquisition Scope Schematic Diagram of Jishou City Urban Flood Control Project Attached Drawing 3:Typical House Structure for Rural Resident of Jishou 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 are 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.


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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 will receive. 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. 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 the project. 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 Jishou Urban Flood Control Subproject A. Status of Resettlement Plan 1. The proposed Hunan Province Jishou City Urban Flood Control Project will finance the following

items:(1) flood control embankment of 22.618 km; (2) rebuilding 3 mortar rubble dams to rubber dams; (3) waterway bank protection of 16.148km; (4) waterway dredging of 12.13 km; (5) 1 newly-built flood diverging canal; (6) 8 sluice drainage works. The resettlement plan includes all the above parts, and the resettlement is involved mainly 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 Jishou City People’s Government in the project area. 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 Provincial Water Resources Department (HPWR). For the proposed Jishou Urban Control Subproject, the Local Project Management Office (LPMO) in Jishou 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 Jishou Urban Flood Control Project will affect 15 villages and 36 enterprises and

institutions in Tonghe, Qianzhou, and Zhenxi Sub-districts of Jishou City. According to the detailed impact survey, about 7.96 ha of land will be acquired permanently with 25.15% as cultivated land, including paddy field (2.6%), dry land (8.37%), and commercial vegetable land (14.18%). The remaining 74.85% is water pond, rural housing plot, urban construction land, and unused land. During the construction period, 7 ha land will be occupied temporarily. Based on per capita farmland in affected villages, the land acquisition will affect 70 households and 255 persons directly, including 57 persons in 13 households impacted by temporary land acquisition, and 108 persons in the affected area need full economic rehabilitation. On average, each affected person would lose 0.01 ha of cultivated land, which represents 23.08% loss of their current cultivated land.

4. Along with land acquisition, a total of 32517m2 of buildings would be demolished, (of which, brick-concrete and brick-wood structures occupy 92.33%), and 231 households and 835 persons should be relocated. For affected rural households, most of them will be moved to a location not far


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from their original village. 5. Other affected assets include traffic, telecommunications and electrical infrastructure, boundary 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 Involuntary Resettlement. The Key Project Management Office under HPWR and Jishou 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 Methods of Hunan Province for Implementing the Land Administration Law of PRC, 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 Y25010 per mu for irrigated farmland; Y17220 per mu for dry farmland, Y44720 per mu for commercial vegetable land, Y24400 per mu for water pond, Y17843 per mu for economic forest land, Y11285 per mu for timber forest, Y21550 per mu for rural housing plot. For the urban construction land, the compensation is set at Y40020 per mu for industrial and commercial land, the residential land is listed in the urban houses, and other land is transferred free of charge. 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, which is Y384 per square meter for urban brick-concrete structure, Y302 per square meter for brick-wood structure, Y254 per square meter for earth wood structure, Y317 per square meter for rural brick-concrete structure. For affected households, in principle, they will be provided with cash compensation based on replacement housing, including CNY 62 per square meter for acquired urban residential land areas. There will be no reduction in house compensation for depreciation, and people will be allowed to salvage materials from their old houses.

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

the setting of the alignment in the initial feasibility study. The number of relocated households was kept


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to only 231 households and 835 persons. For those unavoidably affected, the resettlement strategy is to replace losses of housing, land, other assets, infrastructure and income.

8. The project will acquire 30.03 mu cultivated land, and the permanent land acquisition will affect 198 persons in 57 households. As the impact is widely scattered among villagers of 32 groups in 15 affected villages, the actual loss is inessential. For most affected villages and groups, as there is numerous residual cultivated land after land acquisition, the land acquisition impact could be eliminated by land adjustment within the group and proper compensation. After having consulted with each affected village and individual, the detailed economic development plan has been prepared for each affected village and listed in the Resettlement Plan. Based on the Resettlement Plan, all affected persons could obtain land again through the land adjustment within the village, so as to ensure all villagers have enough revenue sources. Those villages which adopt the land adjustment measures will improve the plantation conditions, develop economic crops, as well as carry out non-plantation activities with the compensated funds.

9. The Key Project Management Office under HPWR and Jishou 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 or individuals. 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 the Key Project Management Office under HPWR and Jishou 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 Provincial Project Management Office (PPMO) will assume the overall responsibility for

implementing resettlement for Hunan Provincial Flood Management Sector Project.. Hunan Provincial Resettlement Management Office of PPMO will provide guidance to the overall project implementation, take charge of coordination of working relationships among relevant project counties and districts and

ensure successful implementation of both civil works and resettlement for all subprojects. For proposed

Jishou Subproject, Jishou City People’s Government will set up Jishou City project leading group in order to reinforce the guidance to the management of project implementation, coordinate working


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relationships among relevant townships and towns, and ensure successful implementation of the

resettlement program. Under the county project leading group, Jishou Project Management Office is set up to be responsible for project implementation. Within LPMO, a resettlement management office is set

up to carry out functions of resettlement planning and implementation for the subproject. With the assistance of concerned townships and villages, the resettlement management office is responsible for consulting with APs, delivering entitlements, supervising resettlement implementation and conducting resettlement monitoring and evaluation.

F. Vulnerable Group 12. Based on the investigation, the minority population affected by the project is 819 persons, accounting

for 78.8% of the total persons to be relocated. Many of them are from Tujia nationality, Bai nationality, and Miao nationality, inhabiting in the same places for generations. They speak Chinese and intermarry with Han Nationality, which results in assimilative with Han Nationality in the aspects of living and social customs.

13. Of the total affected people, about 7.5 percent is the land-acquisition-affected vulnerable groups of 78 persons. Most of them are the urban poor and widowed old people who are entitled to urban minimum living allowance. 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, The Key Project Management Office under HPWR and Jishou PMO agreed to set aside a special fund with 1 percent of 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 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 June 2007, a resettlement information booklet was distributed to all affected townships, villages and households by the Jishou Resettlement Office. The information booklet contains the resettlement scope,


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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 city, 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 city 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 Jishou 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, Jishou 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.


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I. Finance and Implementation Schedule 19. The RP budget estimate is RMB 24.7378 million yuan, for all costs including compensation,

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

20. The resettlement schedule has been prepared according to the project construction schedule approved by the EA. It is planned to start the land acquisition in September 2007 and complete in October 2008. The house demolition will be carried out from September 2007 to January 2009. In the progress schedule, it is planned to develop and readjust the cultivated land in the end of 2007 as well as resume the livelihood and living conditions in January 2009 completely.


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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


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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 facilitate the economy development being in a speedy, stable and forward way. By constructing and perfecting the necessary flood control and waterlogging treatment facilities, efforts shall be made to promote the beneficial and abolish the harmful so as to guarantee the safety of people’s lives and assets and to promote the economic development. Jishou City is situated in the hilly area, it is of narrow waterway and large riverbed gradient, in addition, it is featured by numerous curves and torrential water flow. Generally, the houses are built along grade-I terrace of Tonghe River and Wenxi River, thus, the topography is low, and they are often suffered by flood. In the past, no flood control and waterlogging drainage facilities were equipped, in the 1970s, a water power station abstraction dam (Xiangyang dam) was built at the junction of Tonghe River and Wenxi River, accordingly, the natural water level of the multi-arch masonry dam was enhanced; a retaining dam (Mogoutan mortar rubble dam) was built on the trunk of Wanrongjiang River and a mortar rubble diversion dam was built in the lower reaches of Minkangchongxi River, a branch of Wanrongjiang River, consequently, they could reinforce jacking effect to the water level of the upper reaches, and lift


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the flood level of the waterway in the old urban area of Jishou and new urban area of Qianzhou as well. Secondly, as the waterway is gentle, long-term rubbishes and foreign matters in the waterway has silted it. Accordingly, the flood-resistance standard is lower than 20-year-occurrence, several river sections are even lower than 10-year-occurrence standard. As the city with flood control subproject under ADB loans, through the implementation of the project, the urban flood control and waterlogging harnessing capacity of Jishou City could be improved distinctly, the flood control standard could be elevated to 20-year-occurrence from the current 2-year-occurrence, and the waterlogging harnessing standard could be elevated to10-year-occurrence from the current 2~5-year-occurrence, therefore, the flood control burden of the urban area of Jishou City could be lightened largely, and it will do good to normal social development.

1.2 General Situation of Project 1.2.1 Areal Geography Location

Jishou City is located in the west of Hunan, the north and south part of Wuling Mountain. Its geographical coordinates are between 109°30′~110°04′E and 28°08′~28°29′N. Leaning against Luxi County southeast, adjacent to Fenghuang County and Huayuan County westwards, and bordering on Guzhang County northwards, it is 55.9km in width from east to west as well as 37.3km in length from south to north, with a land area of 1058.5km2. See attached drawing 1 for the Schematic Drawing of Geographic Position of Jishou City Urban Flood Control Project.

1.2.2 Contents and Scale of Project Construction Jishou City Urban Flood Control Project is a subproject of hilly area urban flood control project in Hunan Province utilizing the loans from ADB. Based on the protected project scope, flood control standard, and construction tasks, the construction scale of the flood control project is as follows:

1) Flood control embankment of 22.618 km will be built, including, Tonghe protection circle of 10.913km, Wenxihe protection circle of 5.543km, and Minkangchongxi protection circle of 6.162km;

2) Rebuilding 3 mortar ruble dams to rubber dams, that is, Xiangyang dam, with a length of 66m and height of 4m; Mogoutan dam, with a length of 57m and height of 5m; Tianxianqiao dam, with a length of 31m and height of 2m;

3) waterway bank protection of 16.148km; including, bank protection of Tonghe River of 10.508km; right bank protection of Wenxi River of 2.44km; both bank protection of Wanrongjiang River of 3.2km;

4) waterway dredging of 12.13 km; of which, Tonghe Shangcongzhou to the Party School with a length of 7.11km, Wenxihe Shangcong fruit market to the outlet of Wenxi River with a length of 0.92km, Minkangchongxi Shangcong Tianxing nunnery to the confluence of Wanrongjiang River with a length of


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4.1km; 5) 1 newly-built flood diverging canal, that is, the National People’s Congress under the Municipal Political

Consultation Commission and Guangming village block, a flood diverging canal of 2.25km will be built inside along Zhangluo Highway;

6) 8 sluice drainage works, of which, 3 in the protection circle of the left bank of Tonghe River and right bank of Wenxi River, 3 in the protection circle of the left bank of Wenxi River and left bank of Tonghe River, and 2 in the protection circle of the right bank of Tonghe River.

1.2.3 Project Investment Estimation and Planned Progress According to the Feasibility Study Report on Hunan Province Urban Flood Control Project Utilizing Loans from Asian Development Bank, which is compiled by Xiangxi Autonomous Prefecture Hydraulic and Hydropower Design Institute, the total investment of the project is RMB 157.42 million yuan, and the investment for resettlement is RMB 24.7378 million yuan. According to the project progress, the total time limit of the project area is 5 years, and the time limit of the main works will last 54 months. The mobilization will be conducted in July of the first year, then, the preparatory work starts, and it will be completed in September of the sixth year. As July ~September of every year is the main flood season, it will serve as the preparatory period, the following items should be completed: construction of temporary construction road, construction plant, warehouse, and other auxiliary facilities, stripping of covering layer of the material yard, and material preparation as well. The total time limit is 5 years, and the mode of constructing and completing by circles and sections will be followed: the protection circle at the left and right bank of Minkangchongxi River, with a length of 6.162km, will be arranged during October of the first year~ September of the second year; rebuilding works of three dams and the flood diverging canal of 2.25 km will be arranged during October of the second year~ September of the third year; the protection circle at the left and right bank of Tonghe River, with a length of 0.913 km, will be arranged during October of the third year ~ September of the fourth year; the protection circle at the left and right bank of Wenxi River, with a length of 5.543 km, will be arranged during October of the fourth year ~ September of the fifth year; and the sluice rebuilding and waterway dredging will be arranged during October of the fifth year ~ September of the sixth year.

1.2.4 Socioeconomic Benefit of Project After completion of the project, the existing flood control capacity of the urban protection circle of Jishou City will be elevated from the present less than 10-year-occurrence to 50-year-occurrence, and the waterlogging harnessing capacity will be elevated to 10-year-occurrence. Meanwhile, the project will greatly ease the city’s burden of flood control and safety in flood season and benefit the stable social development. 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 urban


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traffic condition and sanitation status, increase scenic sports and recreation and leisure sites, and speed up the urban construction in this city. Due to the improvement of flood control standard, the areas along the urban riverside where are waiting to be developed or currently with less development will have great economic value, which will improve the urban production and living environment and create new economic growth point in new urban area. After implementation of the flood control and waterlogging harnessing project, the safety of properties and lives of the people in the city and village could be guaranteed, the sense of safety could be reinforced, it will do good to social stability and economic development, thus, it is of distinctive social benefits. If 50-year-occurrence flood occurs, the direct economic loss of RMB 437 million yuan could be saved. Based on the economic evaluation analysis in the preliminary report of the project, the accumulative economic net present value is RMB 121.49 million yuan, the financial and economic internal rate of return is 14.6% and each financial index is good.

1.3 Affected Scope of Project

Based on the hydrologic characteristics of the river basin of the river section where the urban area is situated, landform of the flood control area, geological conditions, and current state and planning of the urban construction, the area under the flood control protection which is determined by the design is the protection circle at the left and right bank of Tonghe River, protection circle at the left and right bank of Wenxi River, and protection circle at the left and right bank of Minkangchongxi River, with a total length of 22.618km. The major engineering measures for which concerning the relocation and land acquisition are the embankment reinforcement and newly building, the renovation and newly building of sluice and electric drainage station, and the temporary lands for project construction sites and borrow pit. The land acquisition areas, and the area in which the people’s livelihood and production will be 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 and the design longitude and transversal profiles on 1/2000 topographic map. The land acquisition and resettlement of the project will affect 15 residential committees in Tonghe, Qianzhou, and Zhenxi sub-districts of the urban area. The final scope of land acquisition and relocation scope will be confirmed after detail measurement survey..


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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) National Economic and Social Development “the Tenth Five-year” Plan and Long Range Plan for

2015 3) Urban General Planning (2001-2020) 4) Statistical Yearbook of Jishou City (2001-2003) 5) Urban Flood Control Planning Report of Jishou City 6) Feasibility Study Report on Hunan Province Urban Flood Control Project Utilizing Loans from

ADB (Xiangxi Autonomous Prefecture 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, 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


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project EA is responsible for overall resettlement preparation. The relevant resettlement design units, consulting units and local government shall all participate in the process. From March of 2006~ April of 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. In investigation, designer had consulted with the PMO (project management Office) of Jishou City and held several resettlement coordination meeting attended by the government department of every level and represents of resettlers from affected area. Comments were made on the resettlement plan, economic rehabilitation options, and compensation, which were the basis for developing resettlement plan. According to the current national policies, laws and regulations and the requirements on resettlement by ADB, the resettlement team carried out detailed analysis on the degree of impact and feasibility of proposed rehabilitation for each affected village and group in project area. According to the suggestion and opinions on resettlement plan for core subprojects set forth by TA experts from ADB and analysis on rationality and feasibility of impact degree of all townships (sub-districts), the resettlement plan for Jishou 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 start of the project preparation , 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. The objective of plan optimization is to minimize the scope of impact, reduce resettlement cost and facilitate the project construction.

1) In project planning and comparison phase, try best to consider more about the impact on the social economy due to the project construction, and take the project plan perfecting as the key factors in comparison of different alternatives. The flood control dike type should be steady, beautiful and economical. It should be based on the municipal construction to adjust appropriate measures to the local conditions and on the principle of utilizing local materials and being convenient for construction. Although the flood wall can reduce the occupation of land, the works cost is rather high. For reducing land acquisition and dismantlement, it is preferable to built flood walls in the area with houses densely distributed. In this design, flood wall of gravity mortar rubble and flood wall of reinforced steel and concrete cantilever are available for comparison. Taking the dike with height of 9m for example, if building two-storey houses along river, the cost per meter long for the flood wall of cantilever is RMB 4291 more than the one of gravity mortar rubble. In addition, the local area is rich in stones, which could satisfy the needs of structures of the works. See Table 2.1-1 for the comparison concerning technology and economics of the two schemes.

Comparison of Technology and Economics of Flood Control Works Table 2.1-1

Scheme Item

Gravity (Scheme I)

Cantilever (Scheme II)

Remarks

Earth-rock excavation (m3) 34 62 Scheme I is 28 m3 less Earth backfilling (m3) 4.5 40 Scheme I is 35.5 m3 less

Cubic meter of wall (m3) 28 8.4 Scheme I is 9.6 m3 less Demolition area (m3) 12 16 Scheme I is 4 m3 less

Investment (RMB yuan) 16497 20788 Scheme I is 4291 yuan less

Through economical comparison of the above schemes, Scheme I is far better than Scheme II as it


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saves investment and simple for construction. Therefore, we adopt Scheme I, i.e. the flood wall of gravity mortar rubble.

2) The alignment of new embankment will follow the existing embankments to extent possible in order to reduce the area occupied; the alignment of dike along the river shall try best to be laid in the section without residents or with few resident. Efforts have been made to avoid the house demolition and acquisition of cultivated land with good irrigation. In the densely populated area in cities and towns, the alignment of new dikes will be kept away from the highrise buildings or multi-storey buildings to reduce the quantities of demolition and relocation.

3) Optimize the construction design, shorten the construction period, and reasonably plan the house relocation and construction period; try best to reduce the losses of relocatees’ properties. For example, the house relocation and rebuilding shall be conducted in the off season, and the land occupation shall be started after harvest of the crops. Try best to utilize the wastelands for temporary land uses, particularly for long construction period (over two years).

4) In the design, fully consider the inconvenience brought about to the life and production of local residents due to the embankment construction. For the convenience of local residents and minimize the impacts, it is important to restore the damages of irrigation cannels, mechanical pier, communications facilities and other infrastructures after embankment construction to keep the complete functions of infrastructures.

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, and the whole project area will not have significant impact on the local industrial and agricultural production, basic livelihood and local economy. The land acquisition and relocation along the linear area will not bring much impact. In order to minimize the impact on the local area, special attention will be paid to the layout of construction site and selection of construction scheme, and prevent the unnecessary land acquisition and house demolition. The following measures shall be adopted: 1) Before demolition and relocation, organize the relevant persons to conduct the on-spot survey. Try

to remove less or do not move the houses which is unnecessary to remove or can be partly removed in practical.

2) Before the demolition of the buildings due to the temporary land occupation by the project, report to the unit of owner by Municipal 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 residential structures caused by the demolition and relocation, adequate compensate will be provided according to the replacement value, and all unfavorably impact on relocates will be


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minimized in the process. 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) Notify the affected enterprises in advance, arrange the site for relocation, provide adequate compensation, shorten the interruption period, and coordinate LPMO to provide proper rehabilitation for affected employees.

6) During relocation and resettlement, the concerned local functional departments shall vigorously support the relocatees and affected enterprises, provide the convenience for them and carry on the resettlement work smoothly, and reduce the loss and relief the burden on relocatees.

7) Strengthen the mechanism 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 compensation policies for land acquisition and resettlement, accept monitoring from the relocatees and host population in resettlement area; In project construction period, give priority to use the local materials. For benefiting the affected persons from the project construction, use the local transportation and labor if the technical conditions allowed.

8) Reduce the dust emission and strengthen health management for construction workers. The construction unit shall carefully plan the routing for transport earthwork and stonework. Measures shall be adopted to guarantee that the soils and stones won’t be sprinkled along the way from the truck full of loading, and thus affect the environment tidiness. In construction period, a large number of labors will come to the worksite to undertake all kinds of works and services. In order to guarantee the public security and orders in work site and the health of various groups in construction area, the project construction unit shall supervise and urge the builders to obey the regulations of local environment sanitation department, toughen the management on the healthy protection for builder group, timely clear the domestic waste on construction site, keep the construction area tidy, and prevent the occurrence and transmission of infectious diseases.

2.2 Investigation on Project Impacts 2.2.1 Investigation Contents

From March to April in 2006, Hunan Province Hydraulic and Hydropower Design Institute, together with the 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


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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 in 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 in 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 in Scattered Trees: The scattered trees were counted on-spot in the project-land-acquisition affected area to classify the fruit trees and other trees and separately register according to the tree types.

5) Investigation in Small Business Shoppers The small business shoppers were investigated and registered in the way of household by household. The investigating and statistical contents include the business items in operation, coverage of business area, number of employees, annual turnover, and operating profit, etc.

6) Investigation in 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 foundation, 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


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month, etc. 7) Investigation in 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 householder and local government of each level and department in charge. 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.

2.3 Investigation Results on Project Impacts According to investigation, the land acquisition and relocation for the project involves 15 villages (residential committees) and 32 villager groups of 3 sub-districts, viz: Tonghe, Qianzhou and Zhenxi which are in the urban area of Jishou City. 231 households (835 persons) are to be relocated. The investigation on the project impact is referred to Table 2.3-1.

Investigation on The Impact from Land Acquisition and Relocation Due to Jishou Urban Flood Control Project

Table 2.3-1 Item Unit Total Jishou City Remarks

I. Administrative region 1. Township (sub-district) 3 3 Including Tonghe, Qianzhou and Zhenxi

2. Administrative village (residential committee)

15 15 Temporary land occupation affects 6

villages 3. Villager group 32 32

II. Affected population by project 1. Impact due to land acquisition

Household Household 70 70 Temporary land acquisition affects 13

households

Population Person 255 255 Temporary land acquisition affects 57

persons Population in Need of Economical

Rehabilitation Person 108 108 Based on the theoretical calculation

2. Impact due to relocation Household Household 231 231 Population Person 835 835

Households to be resettled Household 231 231 Population to be resettled Person 835 835

3. Impacted by both land acquisition and relocation


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Household Household 14 14 Population person 50 50

4. Affected enterprises 36 36 Number of staff Person 2921 2921

5. Total affected population by project Person 1040 1040 III. Houses and auxiliary structures

(I) Dwelling Houses m2 23695 23695 1. Urban residence m2 19501 19501

Brick-concrete structure m2 17564 17564 Brick-wood structure m2 777 777

Simple structure m２ 1160 1160 2. Rural residence m2 4194 4194

Brick-concrete structure m2 3984 3984 Simple structure m2 210 210

(II) Non-residential houses m2 8822 8822 Brick-concrete structure m2 5360 5360

Brick-wood structure m2 2339 2339 Earth-wood structure m2 50 50

Simple structure m2 1073 1073 (III) Accessory structure m2

1. Wall m2 3176 3176 2. Cement sunny ground m2 2803 2803

3. Cement pond m2 112 112 4. Well 1 1

5. Telephone 66 66 6. CATV Household 153 153

7. Air-conditioner 45 45 IV. Permanent land acquisition Mu 119.41 119.41

(I) Collective-owned land Mu 47.99 47.99 1. Cultivated land Mu 30.03 30.03

Paddy field Mu 3.11 3.11 Dry farmland Mu 10 10

Commercial vegetable land Mu 16.92 16.92 2. Pond Mu 3 3

3. Housing plot Mu 6.76 6.76 4. Forestland Mu 8.2 8.2

Economical forest Mu 7 7 Timber forest Mu 1.2 1.2

(II) Urban construction land Mu 71.42 71.42 1. Residential land Mu 29.44 29.44


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2. Industrial and commercial land Mu 15 15 3. Other land Mu 26.98 26.98

V. Temporary land Mu 104.95 104.95 1. Paddy field Mu 13.26 13.26

2. Dry farmland Mu 15.14 15.14 3. Shrubbery Mu 19.22 19.22 4. Waste land Mu 57.33 57.33

VI. Special facility 1. Traffic facility

Grade road Km 1.2 1.2 Mechanical farm road Km 11.7 11.7

Bridge 21 21 2. Power facility High-voltage line km 1.6 1.6 Low-voltage line km 7.1 7.1

Transformer facility 15 15 3. Hydraulic facility

Electric pumping station /kw 1 1 Channel km 0.31 0.31

Small hydraulic power plant 1 1 Culvert 6 6

2.3.1 Land Affected by Project 1) Permanent Land Acquisition

The permanent land acquisition in this project only covers 15 villages (residential committees) of 2 sub-districts viz: Tonghe and Qianzhou which are in the urban area. The urban flood control works occupies land of 119.41mu permanently, of which the cultivated land is 30.03mu, pond is 3mu, rural housing plot is 6.76mu, economical forestland is 7mu, timber land is 1.2mu and the urban construction land is 71.42mu (including industrial and commercial land of 15mu, residential land of 29.44mu and other land of 26.98mu). See Table 2.3-2 for the details of investigation on the permanent land occupied for the project.

2) Temporary Land The construction temporary land acquisition refers to the temporarily-borrowed land in the project construction period, including land acquisition of stone material yard, construction plant, construction warehouse, and temporary living quarter and temporary construction road during construction period. The works temporarily occupies land of 104.95mu, of which the paddy field is 6.26mu, dry farmland is


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8.14mu, shrubbery is 13.22mu and waste grassland is 77.33mu. The temporary structures of construction plant, construction warehouse and temporary living quarters ①

during construction are 6440m2 in all, mainly arranged along the dike line in the range of permanent land acquisition. Therefore, there are no impacts due to temporary land acquisition of construction plant, construction warehouse and temporary living quarters.

② As the existing roads will be damaged during project implementation process, corresponding

compensation of road repair costs shall be paid to the municipal administration department. As the compensation costs are included in the project contract as one part of the project costs, they will be paid by the construction Contractor. Accordingly, the project construction temporary road land acquisition will not be counted and the compensation costs will not be estimated in the report.


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Land Affected by The Urban Flood Control Project in Jishou City Table 2.3-2

City(District)Town

/Township Village Group Total

Collectively-owned Land (mu) Urban Construction Land (mu) Unused

Land (mu)

Cultivated Land (mu) Pond(mu)

Housingplot

Forestland (mu)

SubtotalIndustrial

Land Commercial

Land Residential

Land SubtotalPaddy Field

Dry Farmland

CommercialVegetable

land Subtotal

EconomicalForest

TimberForest

Jishou 2 15 32 119.41 30.03 3.11 10 16.92 3 4.76 8.2 7 1.2 46.4 14.15 24.85 7.44 26.98 Tonghe 8 16 60.82 14.84 4 10.84 8.2 7 1.2 33 14.15 13.53 12.98 Datian 2 11.13 1.2 1.2 6.68 6.68 4.45 Group I 5.49 0.7 0.7 2.51 2.51 2.98

Group

V 5.64 0.5 0.5 4.17 4.17 1.47

Xinqiao 1 4.81 1.82 1.82 4.76 1.48 1.48 1.51

Group

III 4.81 1.82 1.82 4.76 1.48 1.48 1.51

Wulipai 2 7.89 1.13 1.13 6.76 2.92 3.84

Group

II 3.08 3.08 1.45 1.63

Group

VIII 4.81 1.13 1.13 3.68 1.47 2.21

Linmushan 3 6.95 4.87 4.87 3.62 3.62 2.08 2.08 Group I 3.28 2.5 2.5 1.23 1.23 0.78 0.78

Group

II 2.99 2.37 2.37 1.47 1.47 0.62 0.62

Group

VI 0.68 0.92 0.92 0.68 0.68

Baiguo 1 4.87 1.85 1.85 3.02 Group 4.87 1.85 1.85 3.02


25


City(District)Town



Land (mu)


Housingplot

Forestland (mu)

SubtotalIndustrial

Land Commercial

Land Residential


Dry Farmland

CommercialVegetable

land Subtotal

EconomicalForest

TimberForest

III Zhenwuying 3 16.01 14.2 14.15 1.86 Group I 8.97 8.05 8.05 0.92

Group

IV 4.17 3.7 3.7 0.47

Group

V 2.87 2.4 2.4 0.47

Tongyouping 3 7.89 5.75 2.7 3.02 2.12 2.14 Group I 2.13 1.52 0.7 0.82 0.81 0.61

Group

III 2.02 1.56 0.8 0.74 0.59 0.46

Group

IV 3.74 2.67 1.2 1.46 0.72 1.07

Yanzhai 1 1.27 1.27 1.3 3.38 3.38

Group

VI 1.27 1.27 1.3 3.38 3.38

Qianzhou 7 16 43.51 15.19 3.11 6 6.08 3 11.3 11.32 14 Xiaoxiqiao 4 14.57 3.11 3.11 8.32 8.32 3.14

Group

II 5.36 0.98 0.98 3.12 3.12 1.26

Group

III 2.59 0.71 0.71 1.17 1.17 0.71


26


City(District)Town



Land (mu)


Housingplot

Forestland (mu)

SubtotalIndustrial

Land Commercial

Land Residential


Dry Farmland

CommercialVegetable

land Subtotal

EconomicalForest

TimberForest

Group

IV 3.59 0.93 0.93 2.05 2.05 0.61

Group

VI 3.03 0.49 0.49 1.98 1.98 0.56

Jiefeng 2 4.11 1.17 1.2 2.94 Group I 2.33 0.72 0.7 1.61

Group

IV 1.78 0.45 0.5 1.33

Shucai 2 6.08 6.08 6.08

Group

II 2.46 2.46 2.46

Group

III 3.62 3.62 3.62

Shengli 3 6.56 2.53 2.5 1.97 2.06 Group I 2.22 0.82 0.8 0.75 0.65

Group

V 2.16 0.93 0.9 0.61 0.62

Group

VII 2.18 0.78 0.8 0.61 0.79

Shizi 3 4.21 2.3 2.3 1.03 0.88

Group

II 1.31 0.75 0.8 0.24 0.32


27


City(District)Town



Land (mu)


Housingplot

Forestland (mu)

SubtotalIndustrial

Land Commercial

Land Residential


Dry Farmland

CommercialVegetable

land Subtotal

EconomicalForest

TimberForest

Group

III 1.14 0.62 0.6 0.3 0.22

Group

V 1.76 0.93 0.9 0.49 0.34

Yunfeng 1 2.95 1.83 1.83 1.12 Group I 2.95 1.83 1.83 1.12 Xuantan 1 5.03 1.17 1.17 3.86

Group

III 5.03 1.17 1.17 3.86


28

③ The impacts of temporary land occupation come from the soil and stone material yard in the project,

including Xiaoxiqiao and Zhenwuyin stone material yards, Shucai, Shengli, Xinqiao and Dongyouping soil material yards, which are distributed in 2 towns, 6 administrative villages and 11 villager groups. Various land acquired temporarily have an area of 104.95 mu, of which paddy field are 6.26mu, dry farmland are 8.14mu, shrubbery are 13.22mu and wasteland are 77.33 mu. The mean time limit for land borrowing is two years. See Table 2.3-3 for the details of the investigation on temporarily acquired land for this project.

Statistical Table of Temporary Land Acquisition in Jishou Urban Flood Control Project

Table 2.2-3

City (District)

Town/Township

Village (Residential Committee)

Classification of Material

Yard

Temporary Land (mu)

Total Paddy Field

Shrubbery Dry

Farmland Wasteland

Jishou 104.95 6.26 13.22 8.14 77.33 Qianzhou 6.1 4 9.2 6 56.87 Xiaoxiqiao Stone Yard 2.7 2.7 3.6 Shucai Soil Yard 5.9 1.3 5.6 4.54 Shengli Soil Yard 4.5 1.46 56.87 Tonghe 24.86 2.26 4.02 2.14 20.46 Xinqiao Soil Yard 2.16 2.16 4.02 Zhenwuying Stone Yard 20.46 20.46 Dongyouping Soil Yard 2.24 0.1 2.14

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 relocation and demolition of land acquisition in the project, the population in need of economic rehabilitation will be counted in villagers’ groups. The agricultural population in need of economic rehabilitation in the project will be obtained with


29

the area of land acquisition divided by cultivated land per capita of each group before land acquisition. And the result of population was 108 persons.

As the project is distributed in linear shape along the Tonghe River and Wanrong Stream, for most affected persons, they would only lost small part of lands. According to the site investigation and

statistics, 70 households (255 persons) are actually affected by land acquisition in the project, of which,

57 households (198 persons) will be actually affected by permanent land acquisition in the project, averaging only 0.15 mu cultivated land per person. About 13 households (57 persons) will be actually affected by temporary land acquisition.

2) Affected Population Due to Demolition According to the site investigation, relocatees of 231 households (835 persons) are to be relocated in the project and houses of 23695 m2 are to be demolished. Among the 231 household to be relocated,

cash compensation is applied to 72 households (246 persons). Considering the needs of city plan and real-estate development 127 households (494 persons) can be resettled in the manner of exchanging property rights and 32 households (95 persons) can be resettled in the manner of scattered and move-back resettlement in their original villages.

3) Affected Staff of Enterprises and Institutions According investigation, the project affects 36 enterprises and institutions with 2921 staff.

4) Affected Individual Business Owners

According investigation, the individual business owners in the range of project will not suffer negative

impacts from land acquisition and relocation, 5) Total Affected Population by Project

Through statistics, 287 households (1040 persons) will be affected by the project land acquisition. Among them, 56 households (205 persons) will be affected by land acquisition (without house demolition), which will include 13 households (57 persons) to be affected by the temporary land acquisition); 217 households (785 persons) will be affected by house demolition only (without land acquisition); and 14 households (50 persons) will be affected by both the land acquisition and house demolition. Among the affected population due to land acquisition and resettlement, 108 agricultural persons need economic rehabilitation. 231 households (835 persons) need to be rehabilitated through replacement housing. See table 2.3-4 for details of the affected population in the project.


30

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

Affected Type Township (Sub-district)


Total Land Acquisition, Without Demolition

Demolition, Without Land Acquisition

Land Acquisition and Demolition Relocation Population in

Need of Economical

Rehabilitation Number of Household Population Number of

Household Population Number of Household Population Number of

Household Population Number of Household Population

I. Permanent Land

Acquisition

(1) House Demotion

Zhenxi 28 121 28 121 28 121 Tonghe 210 738 12 42 189 664 9 32 203 714 51 Yingzhuang 53 183 53 183 53 183 Xiangyang 45 182 45 182 45 182 Xiangyuan 12 36 12 36 12 36 Guangming 36 115 36 115 36 115 Xinqiao 32 95 21 56 11 39 32 95 37 Wulipai 25 103 22 92 3 11 25 103 4 Linmushan 4 13 4 13 5 Dongyouping 2 7 2 7 3 Yanzhai 1 4 1 4 2 Qianzhou 36 124 36 124 57 Xiaoxiqiao 10 34 10 34 29 Jiefeng 2 7 2 7 2 Shucai 15 51 15 51 17 Shengli 6 21 6 21 6 Shizi Village 3 11 3 11 3

II. Temporary Land

Acquisition 13 57 13 57

Tonghe 3 4 18 4 18 Qianzhou 3 9 39 9 39

III. Total Affected

Population 287 1040 43 148 217 785 14 50 231 835 108


31

2.3.3 Houses and Auxiliary Facilities to be Demolished 1) Affected Residential Houses and Auxiliary Facilities by the Project

The demolished houses due to this project only involve 15 villages (residents committees) in the two sub-districts, i.e. Tonghe and Zhenxi. 231 households (835 persons) will be relocated. The demolished houses have an area of 23695m2, including brick-concrete structure of 21548m2, brick-wood of 777m2 and simple structure of 1370m2. The project affects such facilities as cement sunny ground of 1010m2, wall of 311m2, 44 air conditioners, 64 telephone sets and CATV of 153 households. According to the investigation, in the project land acquisition area, the residential houses are all 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, the basic living conditions and the related facilities are considerably poor. Most residents also hope they can move 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 Houses by Project According to investigation, in the range of land acquisition due to project, 36 enterprises and institutions with non-residential houses of 8822m2 suffer the impact from project, including brick-wood structure of 5360m2, brick-wood structure of 2339m2, earth-wood structure of 50m2 and simple structure of 1073m2. The project also affects cement sunny ground of 2803m2 and wall of 3176m2. See table 2.3-6 for details of the investigation on the non-residential houses to be removed due to the project.


32

Investigation on the Private Houses and Auxiliary Structures Affected by Land Acquisition Due to the Works Table 2.3-5 Classification

of Residential

Houses

Town (Sub-district)

Village (ResidentialCommittee)

Villager’s Group (Dormitory of Working Unit)

HouseholdPopulation Total Houses

Formal Structure(m2) Simple structure

(m2)

Auxiliary Structure

Air-conditionerTelephoneSubtotal Brick-concreteBrick-wood Well Wall (m2)

Sunny Ground

(m2) Total 231 835 23695 22325 21548 777 1370 1 311 1010 44 64 Urban

Residence 199 740 19501 18341 17564 777 1160 1 284 912 40 56

Zhenxi 28 121 3055 2893 2788 105 162 320 Business Town 8 27 1020 958 853 105 62

Municipal Social Insurance Center 8 28 789 789 789

Municipal

Real-estate Company

6 38 558 558 558 320

Tuanjie 6 28 688 588 588 100 Tonghe 53 183 5016 4874 4577 297 142 492 40 56 Yingzhuang 8 28 945 803 506 297 142 156 2 8

Prefectural Post Bureau 6 26 596 596 596 80 8 6

Wulingshan 3 14 280 280 280 38 5 2

Industrial and Business Center 12 32 1024 1024 1024 106 4 8

Xiangquan BuildingNo. 7(Old) 12 40 985 985 985 112 6 12

Xiangquan BuildingNo. 10A 5 17 506 506 506 9 12

Xiangquan BuildingNo. 6 7 26 680 680 680 6 8

Xiangyang 45 182 4346 4225 3850 375 121 1 284 100 Xiangyang 45 182 4346 4225 3850 375 121 1 284 100 Xiangyuan 12 36 1055 750 750 305 Xiangyuan 4 12 190 190 Prefectural 8 24 865 750 750 115


33

Investigation on the Private Houses and Auxiliary Structures Affected by Land Acquisition Due to the Works Table 2.3-5 Classification

of Residential

Houses

Town (Sub-district)

Village (ResidentialCommittee)

Villager’s Group (Dormitory of Working Unit)

HouseholdPopulation Total Houses

Formal Structure(m2) Simple structure

(m2)

Auxiliary Structure

Air-conditionerTelephoneSubtotal Brick-concreteBrick-wood Well Wall (m2)

Sunny Ground

(m2) Shipping Office

Wulipai 25 103 2250 2250 2250

Municipal People’s

Congress 25 103 2250 2250 2250

Guangming 36 115 3779 3349 3349 430

Prefectural Metal

Company 8 32 890 890 890

Municipal Material Bureau 4 14 476 366 366 110

Municipal Financial

Bureau 8 24 890 650 650 240


Court 12 35 1048 1048 1048


Procuratorate 2 5 225 205 205 20

Municipal Garden

Office 2 5 250 190 190 60 Rural Residence 32 95 4194 3984 3984 210 27 98 4 8 Xinqiao 32 95 4194 3984 3984 210 27 98 4 8 Xinqiao 12 35 1830 1750 1750 80 27 98 2 4 No. 1 Road 20 60 2364 2234 2234 130 2 4


34

Investigation on the Enterprise’s Houses and Auxiliary Structures Affected by Land Acquisition Due to Jishou Urban Works Table 2.3-6

City (District)

Township (Sub-district)


Name of Unit Numberof Staff

Total Area of House (m2)

Formal Structure (m2) Simple

Structure(m2)

Auxiliary Structures

Air-conditionerTelephoneSubtotalBrick-concreteBrick-woodEarth-wood

Water Tank(m3)

Wall (m2)

Sunny Ground(m2)

Jishou 36 2921 8822 7749 5360 2339 50 1073 112 2865 1793 1 2 Tonghe 31 2645 7162 6289 3900 2339 50 873 112 2805 1723 1 2 Wulipai 14 755 3485 3137 1390 1697 50 348 112 773 30 Beer Plant 30 30 30 Debang Company 430 625 625 625 Jianlei Company 150 395 395 395

Prefectural Poverty Alleviation Station

2 60 60

Automobile Sales

Company 50 50

Chuyun Automobile

Maintenance Factory

28 300 300 300

Hongdonglong 197 197 197 Pulaoba 80 80

Wuling Automobile

Town 8 8

Prefectural China

Bank 120 120 120

Prefectural

Financial Bureau 135

Prefectural Planning

40 40 40 258


35


City (District)






Structure(m2)



Water Tank(m3)

Wall (m2)

Sunny Ground(m2)

Committee

Prefectural Foreign Trade Committee

200

Prefectural Forest Chemistry Plant

145 1580 1550 1500 50 30 112 60 30

Tonghe 5 326 240 240 892 1030

Prefectural State

Tax Bureau 100 392

Prefectural Price

Stabilization Bureau50 70 60

No. 2 Middle

School of City 110 50 50 380 900

Prefectural Drug

Inspection Station 30 50 50 50 70

Prefectural Bureau of Commerce and

Industry 36 140 140

Xiangyang 1 8 88

Prefectural

Shipping Office 8 88

Dongyouping 3 234 1406 1406 764 642 1140

Xiangyun

Automobile 134 1406 1406 764 642


36


City (District)






Structure(m2)



Water Tank(m3)

Wall (m2)

Sunny Ground(m2)

Maintenance Factory

Prefectural Party

School 88 1020

Inspection Station 12 120 Xinqiao 2 11 715 695 695 20 1 2 Hydrology Station 5 540.6 541 541 1 1

Tonghe Furniture

Factory 6 174.4 154 154 20 1

Yingzhuang 2 1091 293 28 28 265 440

Prefectural

Telecommunication Bureau

1050 228 28 28 200 380

Prefectural Talent Training Center

41 65 65 60

Guangming 4 220 1023 1023 1023 135

Warehouse of

Prefectural Shengzi Company

120 240 240 240

Warehouse of

Rolled Steel Plant 20 135

Municipal Coal

Company 64 603 603 603


37


City (District)






Structure(m2)



Water Tank(m3)

Wall (m2)

Sunny Ground(m2)

Tiankai Company 16 180 180 180 Zhenxi 5 276 1660 1460 1460 200 60 70 Tuanjie 3 211 450 260 260 190 60 70

Municipal

Nationality Printing House

144 60 20

Municipal Light

Weaving Bureau 190 190 50

Municipal Timber

Company 67 260 260 260

Rongchangping 1 50 10 10

Prefectural

People’s Hospital 50 10 10

Business Town 1 15 1200 1200 1200

Vegetable Company

15 1200 1200 1200


38

3) Affected Temporary Structure by the Project According to the investigation, there is no temporary structure in the land acquisition range of the project.

4) Affected Illegal Structure by the Project According to the investigation, there is no illegal structure in the land acquisition range in the project.

2.3.4 Scattered Trees According to the investigation, there is scattered tree in the land acquisition range in the project.

2.3.5 Affected Individuals Engaged in Small-scale Business According to the investigation, there is no individual business owner in the land acquisition range in the project.

2.3.6 Affected Enterprises and Institutions According to investigation, 36 enterprises or institutions will suffer the impact of land acquisition due to the project, including 15 enterprises and 21 institutions with 2921 staff in all. These enterprises and institutions occupy the land with an area of 419.1 mu. See Table 2.3-7 for details of investigation on the enterprises or institutions.

Investigation on General Condition of the Enterprises and Institutions Table 2.3-7

Nature of Unit

Name of Unit Land Area (mu)

Numberof Staff

Main Products

Original Value of

Fixed Asset

(CNY104)

Annual Tax

(CNY104)

State of Operation

Affected Degree Remarks

Enterprise 15

Beer Plant 22.81 120 Beer Normal

OperationPart of houses will be

affected

Debang Company 19.8 430 Normal


affected

Jianlei Company 21 150 1566 115 Normal


affected

Automobile Sales

Company 26 80 Automobile 2500 209

Normal Operation

Part of houses will be affected

Chuyun Automobile

Maintenance Factory

28 28 400 82 Normal


affected

Hongdenglong 1.22 20 38 1.1 Normal


affected

Pulaoba 1.03 15 25 0.9 Normal


affected

Wuling Automobile

Town 22.7 40 Automobile 3080 240

Normal Operation



39


Nature of Unit


Numberof Staff

Main Products

Original Value of

Fixed Asset

(CNY104)

Annual Tax

(CNY104)

State of Operation


Prefectural Forest Chemistry Plant

12.3 110 Chemical Fertilizer

189 8.5 Normal


affected

Xiangyun

Automobile Factory 25 125 1900 71

Normal Operation


Tonghe Furniture

Factory 3.3 45 Furniture

Normal Operation


Rolled Steel Plant 13 20 Steel 2450 150 Normal

OperationWarehouses will be

affected

Tiankai Company 0.73 16 Normal


affected

Municipal

Nationality Printing House

2.16 144 Presswork 38 Normal


affected

Vegetable Company

3.12 15 Houses will be affected

Institution 21

Prefectural Poverty Alleviation Station

0.86 2 Normal

OperationSimple structure will be

affected

Prefectural China

Bank 3.2 80

Normal Operation

Simple structure will be affected

Prefectural

Financial Bureau 17.9 65

Normal Operation

Wall will be affected

Prefectural Planning

Committee 3.84 32

Normal Operation

Part of houses and walls will be affected

Prefectural Foreign Trade Committee

4.05 35 Normal

OperationWall will be affected

Prefectural National

Tax Bureau 12 100

Normal Operation


Prefectural Price

Stabilization Bureau

6 50 Normal

OperationWall and sunny ground

will be affected

No. 2 Middle School of City

57.3 110 Normal

OperationWall and sunny ground

will be affected

Prefectural Drug

Inspection Station 0.67 30

Normal Operation

Simple structures, wall and sunny ground will be

affected

Prefectural Bureau 10.6 36 Normal Simple structure will be


40


Nature of Unit


Numberof Staff

Main Products

Original Value of

Fixed Asset

(CNY104)

Annual Tax

(CNY104)

State of Operation


of Commerce and Industry

Operation affected

Prefectural

Shipping Office 0.53 8

Normal Operation

Sunny ground will be affected

Prefectural Party

School 12 88

Normal Operation


Inspection Station 0.81 12 Normal


Hydrology Station 0.72 5 Normal


Prefectural

Telecommunication Bureau

14.8 1050 Normal

Operation

Simple structures and sunny ground will be

affected

Prefectural Talent Training Center

1.35 41 Normal

Operation

Simple structures and sunny ground will be

affected

Prefectural Shengzi

Company 7.8 120

Normal Operation


Prefectural Coal

Company 9 64

Normal Operation


Municipal Light

Weaving Bureau 10.5 86

Normal Operation


Municipal Timber

Company 18 87

Normal Operation


Prefectural

People’s Hospital 25 78

Normal Operation


1) Enterprise:

In the affected area of the project, residences or auxiliary production houses of 15 factories or enterprises are affected by land acquisition. Construction of the works will not give much impact on the normal production, management or operation.

2) Institution: In the affected area of the project, 21 institutions will be affected by land acquisition of the project. Since only part of management houses will be affected by the land acquisition, no overall relocation is required. They could readjust the offices spaces within the enterprise by themselves, or rebuild the


41

replacement structures. 2.3.7 Affected Special Facilities by the Project

The investigators have conducted the site investigation and registration to the affected traffic facilities, transformation facilities, post line, and other special facilities to be resumed or rebuilt according to the project land acquisition range confirmed by the design. For the affected places in the project, grade highway of 1.2km, mechanical farm road of 11.7km, 21 mechanical farm bridges, 10KV high-voltage line of 1.6km, 380KV high-voltage line of 7.1km, 15 transformers, 1 pumping station, channel of 0.31km, mini hydraulic power plant and 6 culverts. See Table 2.3-8 for details of investigation and statistics about the special facilities affected by project.

Investigation Table of Special Facilities Affected by Jishou Urban Flood Control Project Table 2.3-8

Township Village

(ResidentialCommittee)

Traffic Facilities Transformer Facilities Hydraulic Facilities

Road (km) Bridge

High- voltage

Line (Pole/km)

Low- voltage

Line (Pole/km)

Transformer

Electric PumpingStation (kw/)

CulvertChannel

(km)

Mini-typeHydraulic

Power Station

GradeRoad

MechanicalFarm Road

Jishou Township Wulipai 0.15 2 0.4 2.02 4 Linmushan 0.05 1.7 1 Zhenwuying 0.13 Baiguoshu 0.07 Datian 0.3 Tongyoupin 0.1 1 1 Guangming 3 0.4 1.96 4 1 1 0.31 1 Xinqiao 1 0.05 0.09 1 1

Wanrongjiang Township

Shengli 0.22 Shucai 0.08 2 Xiaoxiqiao 0.1 1 3 Jiefeng 1

Agricultural Station of Xiangxi Prefecture

2 1 0.2 0.11 1

Road from Jishou to Taiping 3 Road from Jishou to

Xiaojiaping 4

Xiangquan Alcohol Plant 3 0.15 0.07 1 Shijiachong Sub-district 2

Tonghe Sub-district 1 2 Qianzhou Sub-district 0.4 2.85 4 1

1.2 11.7 21 1.6 7.1 15 1 6 0.31 1


42

2.3.8 Affected Minorities Due to Project Jishou City lies in a remote hilly region, with many minorities inhabited. The minorities are chiefly based on Miao Nationality, Tujia Nationality and Bai Nationality. According to statistics, in the 18 townships throughout the whole city, the total population of the 10 nationalities (Tujia Nationality, Miao Nationality, Bai Nationality, Mongolian Nationality, Hui Nationality, Gaoshan Nationality, Zhuang Nationality, Man Nationality, Dong Nationality and Yao Nationality) reaches 0.206 million, accounting for 72.2% of total population in the city. Thereinto, Miao Nationality is 0.107 million, accounting for 37.51%; Tujia Nationality is 0.0958 million, accounting for 33.58%; Bai Nationality is 2087, accounting for 0.74%. In Jishou, all minorities’ people can speak mandarin. They have been living there for generations and intermarry. Therefore, in such aspects as living habit and social custom, the people from various minorities can well get along with each other. However, Tujia Nationality, Bai Nationality and Miao Nationality still keep their own national customs. According to investigation, the project affects minorities’ population of 819, accounting for 78.8% of the total population (1040). The minorities are mainly Tujia Nationality, Bai Nationality and Miao Nationality. The population of Tujia Nationality is 364, occupying 35% of total population; the population of Miao Nationality is 453, occupying 43.6% of total population; and the population of Bai Nationality is 2, occupying 0.2% of total population. The investigation of residence registration indicates that the minority population has larger proportion among the total one. And they are generally the residents living locally for generations while some move here because of marrying local people. Minorities get good along with Han Nationality with harmonious ties with each other. The family’s production structure of the minority is dominated by business or going outside the county to engage in the work of industry. The incomes of the agricultural population are multifold other than dependent on the land. It is equal to Han Nationality in some aspects like land allocation, education and politics, etc. What is more, in some other aspects, for instance, the students enter high school and tax collection, etc., the people can be beneficial from the favorable policies while the Han Nationality ones could not enjoy. The situation of population distribution of minority is referred to Table 2.3-9 for details.


43

Nationalities Distribution Affected by the Jishou Urban Flood Control Project Table 2.3-9

City (District)

Town/Township (Sub-district)


Number of Household

Total Affected

Population

Tujia Nationality Miao Nationality Han Nationality Bai Nationality

Population Percentage

(%) Population

Percentage (%)

Population Percentage

(%) Population

Percentage (%)

Jishou 287 1040 364 35 453 44 224 21.55 2 0.2 Zhenxi 28 121 43 35 50 42 28 23 Business Town 22 93 33 35 39 42 21 23 Tuanjie 6 28 10 37 11 40 6 23 Tonghe 210 738 257 35 322 44 159 21.59 2 0.3 Yingzhuang 53 183 66 36 79 43 38 21 Xiangyang 45 182 66 36 78 43 38 20.88 Xiangyuan 12 36 10 28 17 48 9 24 Xinqiao 32 95 31 33 41 43 23 24 Wulipai 25 103 35 34 48 47 20 19.42 Guangming 36 115 41 36 50 43 24 21.26 2 2 Linmushan 4 13 4 31 5 38 4 30.77 Dongyouping 2 7 3 43 3 43 1 14.29 Yanzhai 1 4 1 25 1 25 2 50 Qianzhou 49 181 64 35 80 44 37 20.44 Xiaoxiqiao 10 34 10 29 18 53 6 17.65 Shucai 15 51 20 39 21 41 10 19.61 Jiefeng 2 7 2 29 4 57 1 14.29 Shengli 6 21 8 38 10 48 3 14.29 Shizi 3 11 3 27 5 45 3 27.27 Yunfeng 9 39 13 33 16 41 10 25.64 Xuantan 4 18 8 44 6 33 4 22.22


44

2.3.9 Affected Vulnerable Groups Due to Project 2.3.9.1 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) Freedom of Marriage In Jishou City, different ethnic women all have freedom to select their spouses. As long as both sides agree, Tujia, Miao, Bai men or women could marry other ethnic men or women. There is no barrier of marriage between different nationalities. (4) 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 similar education level as men.

2.3.9.2 Vulnerable Groups Mainly include the underprivileged families (per capita income is less than 180yuan/month), handicapped families (disabled persons), families that the elder lives alone (aged 70 above). The vulnerable groups of 78 persons will be affected by the project, accounting for 7.5% 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 actual family condition and the data of


45

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. See Table 2.3-10 for the distribution of affected vulnerable groups

Distribution of Affected Vulnerable Groups in Jishou Urban Flood Control Project

Table 2.3-10

City (District) Town/Township


Total Population Affected Population Remarks

Population

Total Population

of Vulnerable

Percentage (%) Population

Total Population

of Vulnerable

Percentage (%)

Jishou 49056 1040 78 7.5 Qianzhou 21149 788 181 36 19.89 Xiaoxiqiao 2979 105 3.52 34 2 5.88 Jiefeng 1765 44 2.49 7 Shengli 1038 80 7.71 21 3 14.29 Shucai 1600 65 4.06 51 2 3.92 Xuantan 1295 58 4.48 18 7 38.89 Shizi 11677 364 3.12 11 14 127.27 Yunfeng 795 72 9.06 39 8 20.51 Tonghe 7348 219 738 34 4.61 Yingzhuang 689 25 3.63 183 4 2.19 Xiangyang 843 28 3.32 182 2 1.1 Xiangyuan 124 8 6.45 36 1 2.78 Xinqiao 730 14 1.92 95 2 2.11 Linmushan 1030 17 1.65 13 3 23.08 Wulipai 1267 28 2.21 103 9 8.74 Guangming 1620 65 4.01 115 8 6.96 Yanzhai 564 27 4.79 4 4 100 Dongyouping 481 7 1.46 7 1 14.29 Zhenxi 20559 569 2.77 121 8 6.61

2.4 Impact Analysis of Project 2.4.1 Project Impact Characteristics 1) In the project land acquisition area, the impact on the population and residential houses is considerably

small. The affected population by the project demolition occupies 2.12% of the total population in the village. The acquired cultivated land is 30.03mu, occupying 0.8% of the total cultivated land area in the village and group.

2) The affected population and house by the project construction is 231 households (835 persons) and 23695m2 respectively, they are all centralized around Tonghe and Zhenxi, occupying 92.8% of the total affected population. In the houses to be demolished, about 90.94% houses are of brick-concrete


46

structure. 3) The land permanently occupied by the works has an area of 119.41mu, of which the cultivated land is

30.03mu, pond is 3mu, rural housing plot is 4.76mu, economical forestland is 7mu, timber land is 1.2mu, urban land for structure is 46.4mu, unused land is 26.98mu. The land temporarily occupied by works is 104.95mu, of which paddy field is 6.26mu, commercial vegetable land is 13.22mu, dry farmland is 8.14mu and wasteland is 77.33mu. The occupied land involve in the 15 villages (residential committees) of Tonghe Sub-district, Qianzhou Sub-district and Zhenxi Sub-district, with a linear and scattered characteristics.

4) The project construction will not affect the private shop of individual business owners. 5) 36 enterprises and institutions will be affected by land acquisition and demolition in the project area.

The affected facilities are all auxiliary offices or production houses, the normal production, operation or office will not be largely impacted by project construction.

6) There is no important special facilities in the project land acquisition and resettlement area, except for few high-voltage transmission lines and post lines, the rest is the rural small infrastructure.

2.4.2 Analysis and Evaluation of Impact 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 the process of project design and relocatees plan, and accordingly, they have constantly optimized the project design and relocatees rehabilitation, adopted project measures to reduce the land acquisition area, and relieved the impacts of project construction on local production and livelihood. Moreover, as the project is distributed in linear shape along Tonghe River, Wanrong Stream and Wenxi River, according to the analysis on each villager’s group, The permanent land acquisition in this project shall affect 15 villages (residential committees), permanently occupying cultivated land of 30.03mu, averagely 2mu for each village. The 10 villages in need of economical rehabilitation has cultivated land of 0.92mu per capital and the left cultivated land after being occupied has an area of 0.91mu, with the occupation percentage of 0.78%. Therefore, the impact of the project construction on the agricultural production of each village and group along the line is limited. For the whole project area, its impact is local, and no large impact will be brought to the local agricultural production, people’s livelihood, and development of social economy. More detail analysis is presented in Chapter 5. Nowadays, the project area is located in low land areas along the river. Most areas often suffer from flood and waterlogging disasters, which restrict the development of local economy. The project


47

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 embankment will be greatly improved, and the chances of having flood disastrous will be greatly 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 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 "reclaiming the same amount of cultivated land being acquired for construction", the compensation will be made to the lost cultivated land so as to reach the balance of total land holding in the affected localities. In addition, through careful planning all resettlers will be relocated in the areas with considerably superior natural and traffic conditions, and social environment. 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

Tonghe River trunk and Wenxi River tributary sections are classified as the Grade I terrace with river valley higher in northwest and lower in southeast. Tonghe River goes through the urban area from the west to the east, thus dividing the urban area into the south and north, two parts. The river bed has a width of averaging 60-120m, the river valley is in a shape of “U” and quite flat at the bottom with a ground elevation of 177-193m inside the dikes. The project area has simple geological conditions, the ground water is 2.0-4.0m deep, mainly consisting of the Quaternary System pore water and karst fissure water, the most surface water supplies for the ground water and is complementary with river water. The stratum exposed along the river dikes has loose structure, big porous dehiscence and good water permeability. The fill has a thickness between 1m and 10m, the loess has a thickness between 0.3m and 0.4m, and the loam has a thickness between 2.0m and 7.0m. The bedrock has fissure, the karst is developed and exposed on shale, limestone and mudstone. Minkangchongxi River section is situated on the Grade I and II terrace, which came into being through gradual accumulation of alluvial section. The southern part of the dike section is classified as the karst valley relief with a width of 20-30m, while Xiangjiaya and Moya Rock in the northern part are classified as the corroded low hilly relief with a crest elevation of 205-210m. The ground elevation is 183-188m. The upper part of the main denudated stratums in the project area is the Quaternary System Holocene Series alluviation and accumulation stratum and the underlying bedrock is the Carmbrian System Upper Series stratum. The Carmbrian System Upper Series: gray to plumbeous thick powder crystal argillaceous zebra limestone embedded with zebra argillaceous powder crystal limestone in a shape of moderate weathering; The Quaternary System Holocene Series alluviation and accumulation: the upper part is made of carbon black and snuffcolored silty clay with shape being plastic, and the stratum of 0.2~0.5m over the sandy gravel layer at the bottom is soft in soil quality; the lower part is made of sandy gravel with a slight to medium denseness.

2) Hydrologic and Meteorological Conditions In the project area, there are hydrological stations such as Fenghuang Jixin, Hexi and Dalongdong Hydrological Stations at the upper and lower reaches. According to the characteristics of Yuanshui river basin, May to August each year is the main flood season, and October to the next March is the low water season. According to the records of Jishou Hydrological Station, the max. peak flow is 1790m3/s and the max. flood level in past years is 186.36m.


49

The periodical flood flow: according to the hydrological analysis, the average flow in September for Tonghe river basin of P=20% is 23.2m3/s, and the average flow from October to the next March is 22.8 m3/s; for the Mogoutan section of Wanrongjiang River trunk, the average flow in September is 14.9 m3/s, and the average flow from October to the next March is 14.6 m3/s; for Tianxian Bridge section of Minkangchongxi River, the average flow in September is 1.69 m3/s, and the average flow from October to the next March is 1.66 m3/s. This region is classified as the subtropical continental monsoon climate zone with mild climate and enough rainfall. The mean temperature is 16.5℃; the max. air temperature in past years is 40.2 ℃ and the min. temperature is -7.5℃; the mean precipitation is 1413.3mm; the mean evaporation is 1058.6mm, in flood season, the mean wind velocity is 10.7m/s and the max. wind velocity is 15m/s. The floods come from rainstorms, and the main flood season is from April to September, mainly focusing on April to July.

3) Soil and Vegetation The plants in the urban area are mostly cultivated artificially, and partial natural vegetation exist on the mountains at the two sides of the rivers. The construction of the urban flood control project makes the city prevent from flood and waterlog disasters and therefore, creating a good environment for the growth of the plants in the urban area. After the project construction, trees are planted along the dikes to increase the landscape area and coverage rate of vegetation.

4) Mineral Resources In Jishou City, there are a variety of mineral resources, including lead, zinc, Hg, manganese, aluminum, coal and phosphor, of which the manganese and Ha have large reserve, high quality, and large value of exploitation and use.

5) Tourist Resources Jishou City locates at the eastern foot of Wuling Mount, where the rivers are crossed with great ease, mountains and rivers are splendid like a beautiful picture. Within the scope of tens of kilometers, a variety of majestic peaks are standing, tens of elegant rivers flow, as well as a number of caverns, gorges, springs and waterfall exist, just like a natural picture corridor with hundreds of beautiful pictures. Jishou City is also a minority residence mainly made up of Miao Minority. Between the splendid peaks and elegant rivers, Miao Diaojiao Tower, rows of elegant poplar and willow, winding byways made of bluestone and cobbles as well as slowing rotating bamboo cart, clangorous Miao drum and intoxicating Miao dance, making the place soaked with verve of primitive simplicity and elegance.

3.2 Socio-Economic Conditions in the Affected Areas of Project Jishou City is situated in the North-West of Hunan Province with a covering area of 1062km2 , a


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population of 0.2864 million by the end of 2005. Among them, the agricultural population is 0.1404 million, and the non-agricultural population is 0.146 million. By the end of the year, the whole city has an employed population of 0.1779 million with an increase rate of 2.5%. The outgoing population is 17614, increasing by 10.1%; the newly-increased urban employed population is 3366, the re-employed population is 2353; the registered urban unemployed population is 2896 with an unemployed rate of 4.0%. The total GDP for 2005 was RMB 3659.90 million, calculated by the comparable price, increasing by 11.5%, including RMB 270 million yuan for the primary industry with an increase of 1.3%; RMB 1579.92 million yuan for the secondary industry with an increase of 13.3%; RMB 1809.98 million yuan for the tertiary industry with an increase of 12.1%.

1) Agriculture and Agricultural Economy By the end of 2005, the whole city completed RMB 457.81 million yuan total output of agriculture, forestry, animal husbandry and fishery, including RMB 288.28 million agricultural output with an increase rate of 8.7%; RMB 20.00 million forest output with a decrease rate of 42.8%; RMB 128.52 million animal husbandry output with an increase rate of 1.8%; RMB 13.09 million yuan fishery output with an increase rate of 2.6%; and RMB 7.90 million service output with an increase rate of 0.8%. In 2005, the aggregate yield of grain was 42082 tons; that of oil materials was 6935 tons; that of tobacco was 589 tons; that of mandarin orange was 40416 tons; and that of vegetables was 104367 tons. For the whole year, the pigs for sale are 0.1163 million; the poultry for sale are 1.0862 million; the cattle for sale are 5,900; the sheep for sale are 0.0494 million; the eggs are 733 tons; and the yield of aquatic products is 1902 tons.

2) Industry In 2005, the whole city completed the total industrial output of RMB 1303.02 million yuan, compared with last year, increasing by 17.9%, of which, all state-owned enterprises and the non-state-owned enterprises with annual sales incomes of more than RMB 5 million yuan completed RMB 824.19 million yuan output, increasing by 40.8% and had increase value of RMB 293.72 million yuan, increasing by 25.1%. Among all state-owned enterprises and the non-state-owned enterprises with annual sales incomes of more than RMB 5 million yuan, the state-owned enterprises had increase value of RMB 34.67 million yuan, decreasing by 25.3%; the collective enterprises had increase value of RMB 16.48 million yuan, decreasing by 6.1%; the joint-stock enterprises had increase value of RMB 41.32 million yuan, increasing by 10.7%; and the stock-holding enterprises had increase value of RMB 148.64 million yuan, increasing by 47.2%. Viewing from the benefits index, the enterprise above designed size in the overall city have sales incomes of RMB 770.67 million yuan, increasing by 45.3%; the products sales rate of 98.6%, increasing by 2.1 percentage points than last year. The composite index of enterprise


51

above designed size in economic benefits is 118.5%, increasing by 15.6 percentage points; the profits completed after the offset of profit and loss are up to RMB 46.25 million yuan; taxes completed are up to RMB 81.44 million yuan.

3) Scientific Technologies and Education 38 sci-tech projects for the whole year have been implemented with RMB 4.19 million yuan costs invested on; 3 provincial sci-tech achievements are completed and 3 regional sci-tech improvement prizes have been reported; 14 patents have been applied, and 54 technical agreements have been registered with turnover of RMB 1.07 million yuan; 10 new agricultural technologies with 33 new varieties have been introduced and expanded; and 145 terms of agricultural technological trainings have been completed with 0.0151 million farmers trained. 2 provincial hi-tech enterprises and 2 hi-tech products have been newly increased. The hi-tech enterprises completed RMB 457 million yuan output, increasing by 16.3% compared with the same period of last year. At the end of the year, the overall city occupied 175 schools, including 1 professional technical secondary school, 4 complete middle schools, 10 junior middle schools, 6 9-year-system schools and 154 primary schools. Among the in-school students of 44585, the pupils account for 27507 with a stability rate of 101.6%; the junior middle school students account for 12960 with a stability rate of 95.7%; and the senior middle school students account for 4118 with a stability rate of 98.5%. The enrollment rate of the school-age children mounts to 99.5%, that at the junior middle schools is up to 106.4% and that of the disabled children is 67.3%.

4) Culture Propaganda and Public Health

The whole city possesses 41 TV and film projection units, 1 public library, 1 cultural library, and18 cultural and physical broadcasting stations with 486 various cultural dealers. The whole city has 14 city and township-level broadcasting TV stations with a comprehensive broadcasting coverage rate of 88.1%; and a comprehensive TV coverage rate of 91.1%. In 2005, it occupied 22 medical and public health centers with 490 health personnel, 353 beds and 149 village-level qualified health rooms.

5) Population and Social Insurance In 2005, the urban residents had RMB 7781 yuan disposable incomes per capita, increasing by RMB 743 yuan, of which, the salary per capita was averaging RMB 6323 yuan, increasing by 682 yuan; the net business income was RMB 251 yuan, decreasing by RMB 2 yuan; the transferrable income was RMB 1537 yuan, increasing by RMB 131 yuan. For the rural residents, the net income per capita was RMB 2311 yuan, increasing by RMB 150 yuan, of which, the salary per capita was RMB 555 yuan, increasing by 65 yuan; the household business income was RMB 2466 yuan, increasing by RMB 338 yuan; the transferrable and property incomes are RMB 318 yuan, increasing by RMB 35 yuan. The consumptive expenditure per capita for the urban residents was RMB 5920 yuan, increasing by


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7.4%, including the transportation and communication expenditures per capita of RMB 621 yuan with an increase value of RMB 53 yuan; the tourist consumption per capita of RMB 217 yuan with an increase value of RMB 164 yuan; the houses procurement and building expenditure per capita of RMB 382 yuan with an increase value of RMB 259 yuan; the urban residents Engel coefficient was 34.5%; the dwelling area per capita was 26 m2 with an increase of 5 m2. The living consumptive expenditure for the urban residents was RMB 2018 yuan, increasing by 0.8%; the urban residents Engel coefficient was 51.1%; the dwelling area per capita was 26 m2. In 2005, the whole city had 8776 persons covered by the basic endowment; the enterprises had 2403 retirees covered by the basic endowment, increasing by 5.5%; it had 10278 persons covered by the unemployment insurance, increasing by 6.4%; it had 10746 persons covered by the basic medical insurance; it had 9420 persons drawing the minimum living assurance. For the whole year, the government issued RMB 15.94 million yuan basic annuities to the enterprises and retirees, and the minimum living assurance fund for the urban residents was RMB 5.82 million yuan.

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 3 Sub-districts, viz. Tonghe, Qianzhou and Zhenxi, and 15 administrative villages (residential committees). From March to April of 2006, under the unified arrangement of the provincial PMO, Jishou 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).

1) Socio-Economic Conditions in the Affected Towns (Sub-district) According to the investigation, in the affected 3 sub-districts, there is a population of 49056, including 20723 agricultural population, accounting for 42.24% of the aggregate population; there is a cultivated land area of 3632.7mu (including 1178mu paddy fields) , and cultivated area per capita of 0.08mu; the total agricultural income was RMB 15.98 million yuan in 2003. For the details, see Table 3.3-1.

The Socio-Economic Conditions of the Affected Towns

and Townships (Sub-districts) by Jishou City Urban Flood Control Project Table 3.3-1

Indices Unit Total Tonghe Qianzhou Zhenxi I Basic conditions 3 1 1 1

(I) Village (Residential committee) 16 7 7 2 1. Villages with electricity 16 7 7 2

2. Villages with postal communication 16 7 7 2


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The Socio-Economic Conditions of the Affected Towns

and Townships (Sub-districts) by Jishou City Urban Flood Control Project Table 3.3-1

Indices Unit Total Tonghe Qianzhou Zhenxi 3. Villages with telephone 16 7 7 2 4. Villages with highways 16 7 7 2 (II) Households in villages household 321 228 65 28

1. Non-agricultural households household 233 156 49 28 2. Agricultural households household 88 72 16 (III) Population in Villages person 1152 810 221 121

1. Non-agricultural population person 867 574 172 121 2. Agricultural population person 285 236 49

(IV) Labor forces in villages person 740 496 155 89 II Agricultural production conditions

(I) Cultivated area mu 3864 2209 1655 1.Paddy field mu 998 366 632

2.Dry farmland mu 2483 1670 813 (II) Yield ton 2641 1214 1427

(III) Per capita plantation area of agricultural population mu/person 0.81 0.52

III Economic conditions of countryside (I) Agricultural income 104 yuan

1. Total agricultural income 104 yuan 28828 13324 15504 2. Net agricultural income 104 yuan 23076 10895 12181

(II) Income per capita of farmers Yuan 6933 2380 2175 2378 2) Basic Conditions in the Affected Villages (Residential Committees)

The investigation shows that the 15 affected administrative villages (residential committees) have a population of 49056, including an agricultural population of 20723, accounting for 42.24% of the total population; the current cultivated land area is 3632.7mu, including 1178mu for paddy fields, 2142.9mu for dry farmlands, 311.8mu commodity vegetable land; and for the agricultural population, the per capita farmland is 0.18 mu. According to the investigation, the income per capita of the 15 administrative villages (residential committees) is RMB 1904 yuan/year~2215yuan/year. In 2005, the average income per capita of the affected villages (residential committees) was RMB 2059yuan/year, slightly lower than the average level for Jishou City or 2311 yuan per capita. Among the 15 administrative villages (residential committees), there are only 37212 minorities, or 75.9% of the total population. The main minorities are Miao, Tujia, Bai, Menggu, Hui and Dong Minorities. In addition, there are 1576 persons in the vulnerable group, such as poverty- stricken, disabled families and deformities and aged people’s families that live alone, accounting for 3.21% of the total population. For the basic conditions of the affected villages in the project, see Table 3.3-2.


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

Town and township

(Sub-district) Village

Population (person) Plantation area (mu) Plantation area of per

capita (mu)

Income of per capita

(yuan/year)

National Minority Underprivileged Group

Total Agricultural population

Non-agricultural population

Total Paddy field

Dry farmland

Commodity vegetable

land

Population (person)

Percentage (%)

Population (person)

Percentage (%)

Tonghe 7348 3963 1729 1739.5 201 1195.9 342.6 0.44 1260 5373 73.12 154 2.1 Yingzhuang 689 321 368 97.9 21 76.9 0.3 1310 514 74.6 25 3.63 Xiangyang 843 243 600 99 87 12 0.41 1238 579 68.68 28 3.32 Xiangyuan 124 57 67 21 21 0.37 1218 169 136.29 8 6.45 Xinqiao Bridge 730 277 453 13 13 0.05 1070 498 68.22 14 1.92 Wulipai 1267 1065 202 155.5 155.5 0.15 1200 903 71.27 28 2.21 Linmu Mount 1030 940 90 575 53 522 0.61 1278 725 70.39 17 1.65 Dongyouping 481 469 12 275 135 140 0.59 1250 355 73.8 7 1.46 Yanzhai 564 564 365 147.4 217.6 0.65 1315 421 74.65 27 4.79 Guangming 1620 648 972 356 231 125 1461 1209 74.63 802 49.51

Qianzhou 21149 16760 4389 1893.2 976.8 604.4 312 0.11 1212 15339 72.53 401 1.9 Xiaoxi Bridge 2979 2466 513 470 305 165 0.19 1198 2200 73.85 105 3.52 Jiefeng 1765 718 1047 143.05 88.65 54.4 0.2 1350 1211 68.61 44 2.49 Shucai 1600 662 938 426 23 91 312 0.64 1258 1059 66.19 65 4.06 Shengli 1038 192 846 38 18 20 0.2 1037 789 76.01 80 7.71 Shizi 11677 11000 677 302 262 40 0.03 1324 8599 73.64 86 0.74 Yunfeng 795 772 23 321 252 69 0.42 1192 548 68.93 12 1.51 Xuantan 1295 950 345 193.1 28.1 165 0.2 1125 933 72.05 9 0.69

Zhenxi 20559 20559 1320 16039 78.01 569 2.77


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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.

1) Basic Conditions of Affected Households ① Basic Family Condition: includes family members, age, sex, educational level, career, nationality,

housing area and structure. ② Household Properties: The means of livelihood consist of big furniture, color (black and white) TV,

refrigerator, washing machine, VCD, air conditioner, water heater, electric fan, electric cooker, motorcycle, bicycle, telephone, etc; While the means of production comprise land, water surface, household industrial and subsidiary production as well as production machinery such as tractor, thresher, grinder, water pump, livestock for cultivation, agricultural tricycle, automobile, motorcycle and barge.

③ Agricultural production conditions and income levels: The contracted land comprises cultivated land, garden plot, woodland and lands for other usage; The yield of agricultural products consist of grain yield, other crops’ yield and grain possession; The household incomes include incomes from plantation, animal husbandry and other non-agriculture; The household expenditures include expenditures for living, interpersonal communication, education, agricultural costs, taxes and others; The annual net income per capita of households.

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.


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3.4.3 Investigation Method and Procedure Between March and April of 2005, 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 is made to the affected households. After filling the questions of survey form, the affected households made signature for confirmation. 38 households within the affected area of the project were selected as the sample, accounting for 13.24% of the total affected households. The selected samples basically cover most affected townships and villages, except the areas affected by the temporary land occupation. The samples are representative and typical, and can be used for basis for the project impact analysis. For the detailed sample survey distribution of removed households, see Table 3.4-1.

Table3.4-1 Sampling Distribution Table of the Affected People Households due to the Resettlement Project

Township

(Sub-district) Affected Villages

Total Affected Households

Sampling Households

Sampling Percentage (%)

Remarks

Total 15 287 38 13.24 Tonghe 8 211 29 13.74 Zhenxi 1 11 2 18.18

Qianzhou 6 65 7 10.77

2) Investigation on relocatees’ willingness and attitudes Investigation on relocatees’ willingness adopts the mode of sample survey with a sampling ratio of 5~10%. The resettlement planning team prepared a survey form. The different levels of governments organize people to distribute survey forms in the project areas and ask affected people to fill up. In the affected area of the project, there are 18 survey forms issued to the relocatees, and 17 effective forms returned with an effective ratio of 94.44%.

3.4.4 Investigation Results and Analysis 1) Investigation on the Basic Conditions of Removed Households

The sample survey and analysis shows that: ① Household Size of the affected households: 5.4 persons / family in average in the affected area of the project, including 3.7 persons for labor forces with age 17~60, 0.7 person of younger than 17 years old and 1 person of older than 60 years old.

Gend② er Percentage: The male/female ratio in the project area is 1: 0.60.


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Age ③ makeup: The labour forces at age of 17~60 possess 68.51% of the total population, 12.96% for younger than 17 years old and 18.53% for older than 60 years old.

Ethnic ④ Background: The 28.03% of the affected people are classified as Han Nationality, and 71.97% as the minorities.

Educational level: In the affected area of the project, every 100 persons, there are 5 persons with ⑤

educational level of higher than senior middle school, 38 persons with educational level of senior middle school, 33 persons with educational level of junior middle school, 20 persons with primary school and 4 illiteracies or half-illiteracies.

Housing area per capita: The housing area for every household is ⑥ 109m2 and that per capita is 41.67m2. The structures of houses are mainly brick-concrete and brick wood structure.

⑦ The land contracted by the collective: In countryside, each household contracts 1.58 mu of cultivated land, averaging 0.29mu per capita; The grain yield of each household is 1045kg, in average 190kg per capita; Each household has average 3 live livestock for sale and 7 for poultry.

Family property: For every 100 households, there are 140 TVs (52 for Black and White TV and 88 ⑧

for Colour TV), 5 air-conditioners, 70 refrigerators, 74 washing machines, 68 telephones and 40 mobile phones.

Economic incomes and expenditure: Each household has an annual total income of RMB ⑨

10076yuan, averaging RMB 2370yuan per household; Each household has an annual total expenditures of RMB 5904 yuan, the annual expenditure per capita is RMB 4291yuan; Each household has an annual net incomes of RMB 9823 yuan, averaging RMB 2311yuan per capita. For the total basic conditions of the affected households by the project, see Table 3.4-2.

Investigation Table for Basic Conditions of Households of Jishou City Urban Flood Control Project

Table 3.4-2

Items Unit Total Samples (38 households) Minority Samples (38 households)

Total Indices per Indices per

household Total

Indices per Indices per household

I Affected household size 1.Total Population of Household person 206 5.4 118 4.2

Including: female person 61 3.24 50 1.8 2.Labor forces of 17~60 years old person 141 3.7 109 3.9

3.Population younger than 17 person 27 0.7 25 0.9 4.Population older than 60 person 38 1 28 1

II Educational level 1.More than senior high school person 7 0.19 4 0.15

2.Senior high school person 62 1.62 26 0.92 3.Junior high school person 54 1.41 56 2


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Investigation Table for Basic Conditions of Households of Jishou City Urban Flood Control Project

Table 3.4-2

Items Unit Total Samples (38 households) Minority Samples (38 households)

Total Indices per Indices per

household Total

Indices per Indices per household

4.Primary school person 33 0.88 25 0.89 5.Non-educated person 7 0.19 7 0.25 III Nationalities

1.Han Nationality person 8 0.2 2.National Minority person 198 5.2 162 5.8 IV. Housing area

1.Housing area per household m2 4180 110 3024 108 2.Housing area per capita m2 1583 41.67 1183 42.24 V. Agricultural production

1.Contracted plantation area per household

mu 28652 754 24472 874

2.Plantation area per capita mu/person 5306 139.63 4219 150.69 3.Grain yield kg 39710 1045 30884 1103

4.Grain occupation per capita kg/person 7354 193.52 5325 190.17 5.Livestock piece 114 3 168 6 6.Poultry piece 266 7 308 11

VI. Household property 1.TV piece 54 1.41 39 1.38

Including: color TV piece 33 0.88 21 0.75 2. Air-conditioner piece 2 0.05 6 0.2

3.Refrigerator piece 27 0.7 20 0.7 4.Washing machine piece 28 0.74 22 0.8

VII. Annual total incomes 386536 10172 279440 9980 1.Agricultural incomes yuan 214168 884 241024 8608

2.Stockbreeding income yuan 43776 652 26180 935 3.Non-agricultural income yuan 128592 8636 12236 437 VIII. Annual consumption

expenditure yuan 224960 5920 164836 5887

1.Living expenditure yuan 163590 4305 119756 4277 2.Production expenditure yuan 39292 1034 28700 1025

3.Other expenditures yuan 22078 581 16380 585 IX. Annual household income 379278 9981 270620 9665

2) Basic Attitude of Affected People

The sample survey and analysis shows that: ① Have knowledge with the project: 97.6% of the affected people claimed that they had knowledge of the project but 2.4% are on the contrary.


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② Sources of information: 90.2% of the affected people get known from the investigation persons and 9.8% from the residents of the neighboring villages. ③ Support attitude: All affected people hold an attitude of supporting to the project.

④ Views on Impact: 71.8% 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; 18.5% think the flood control benefit is obvious, while the negative impacts are big; 9.7% think the flood control has no influence, but the removal will bring a certain negative impacts.

Resettlement Approach: 28.3% choose the cash compensation fo⑤ r rehabilitation, and would like to purchase houses by themselves; while 71.7% choose the in-kind rehabilitation through exchange of property and hope to have the replacement houses arranged by local PMO with same size as before.

Economic rehabilitation⑥ : 55.6% of resettlers ask for cash compensation, and of 44.4% ask for replacement land through land adjustment.

3.5 Social and Economic Effects for Resettlement to the Affected Population

The project implementation will produce a certain impact on socio-economic factor: 1. The affected area is located at the junction of the rural and urban areas with good infrastructure

conditions, where the local farmers have a lot of opportunities in non-farm employment, such as daily labor and small business. Most those surplus labor forces have moved into the second and tertiary industry or individual business, gradually moving out of land. According to the investigation, in the affected project area, there were 10945 rural labors, and 6832 are involved in various non-farm sectors such as industry, construction, transport, wholesale and retail, accounting for 62.42% of the rural labor forces. Analysis from the incomes structure, the annual total income of the affected households was 10172 yuan in 2005, including 8636 yuan for non-agricultural incomes, accounting for 84.9% of the total income, while 884 yuan for the agricultural incomes, only accounting for 8.69% of the total income. The investigation shows that the land acquisition and land loss will cause that the local farmers suffer the decrease of agricultural incomes, however, due to the small proportion for plantation in the total incomes, there will be little impacts on their income and livelihood.

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 Tonghe, Wenxi and Wanrongjiang Rivers, the land acquisition of the project will result in not big influence on the agricultural production of resettlers. According to the survey, the land acquisition would cause reduction of 7.96 mu of total land holding for the affected villages. For 2 affected village groups, all of them would lose 0.8% of their land holding. However, for those households directly affected by land acquisition (57


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households and 198 persons), every affected person will lose about 23.08% of their land holding. According to the on-spot investigation, it is known that, in the affected 15 villager’s groups, the group has the max. cultivated land of 8.97mu, the other groups have 1.14 to 8.97mu cultivated land occupied, and most groups have suffered limited impacts due to land acquisition. For such impact, it is planned that cash compensation will be adopted as basic rehabilitation strategy, which will be paid directly to the affected farmers to be used to improve agricultural operations such as adjusting plantation structure, developing greenhouse vegetables or other non-agricultural operations. These activities will increase their incomes and mitigate land acquisition impacts so that their income and livelihood could be restored and improved after land acquisition.

3. For relocated households, the process of moving and decorating new houses will consume certain manpower and material resources for the affected households, which need to be considered by the project sponsors. The PMO will, according to the associated policies, make compensation to their loss of moving and traffic costs, complete infrastructure costs for the new housing plot and necessary transfer allowance. In addition, the PMO and the local village committees will provide necessary assistance. Therefore, the impacts from the project will be reduced to the minimum.

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 findings, the 36 affected enterprises and institutions have the auxiliary administrative houses and production houses occupied, so their production and operation have not big impacts. Furthermore, they can obtain the relocation subsidies and the compensation for production equipment and the assistance of the local government and relevant departments, and so their normal production and operation shall be recovered or developed within the short time. The project construction will bring a lot of 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 Jishou City, and facilitate the sustainable quick increase in economy.


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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 Hydro

Project (the 471st State Council Decree of the PRC, issued on July 07, 2006) 4.1.1.2 Laws and Regulations of Hunan Province 1. 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)

2. 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)

3. Implementing Methods of the Cultivated Land Acquisition Tax of Hunan Province (Amendment) (Issued by the Hunan Province People’s Government on October 4,1987, and amended as the decision about amending Implementing Methods of the Cultivated Land Acquisition Tax of Hunan Province by Hunan Province People’s Government in May 4,1998)

4. A Notice about Improving “Basket Project”(XZF[1993]NO.25, issued by the Hunan Province People’s Government on November 6,1993)

5. A Notice by Hunan Provincial Commodity Price Bureau and Finance Department about


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Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System. (XJF [2003] NO.42)

6. A Notice about Issuing Hunan Provincial Methods regarding Collection, Usage and Management of Rehabilitation Fee for Forest Vegetation

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

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.


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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 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 land of municipalities, the land use unit should, pursuant to


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relevant provisions of the State, pay to the new vegetable land 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


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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. 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 transposition 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 transposition of house, the relocater and the relocatee should calculate the compensation amount of removed house and the house price for transposition to balance the price difference of the property rights transposition according to the Article 24 of this Regulation. The relocation of auxiliaries of non-public welfare houses shall not be solved with property rights transposition, but with money compensation by the relocater. Article 28: The relocater should provide houses that accord with quality & safety standards of the State for resettlement. Article 31: The relocater should pay 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.


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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. (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


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remitted or peculated. The cultivate land supplement fee for construction project invested by the government must be list into the project general calculation. (13) Properly resettling the farmers affected by land requisition: The local People’s Government above county level shall work out specific methods to ensure the further living of farmers affected by land requisition. The farmers affected by land requisition can take the usufruct of legally approved land for construction to buy a share of some projects with steady profit. For the inside of urban planning area, the local People’s Government shall list the farmers who will lose cultivated land because of land requisition, into urban employment system and set up system of social security; for the outside of urban planning area, during the process of land requisition, the local People’s Government shall, in its administration area, leave some cultivated land or arrange job for the farmers affected by land requisition; for the farmers, who will lose their cultivated land and basic conditions of production and living, the local People’s Government shall resettle them in other area. The department for labourer and social security shall, together with relevant departments, make a directive about employment training and social security as soon as possible. (14) Perfecting land requisition procedure: During the process of land requisition, the farmers’ ownership of collectively-owned land and the farmers’ rights for land contracting and management shall be protected. Before report and approval, the farmers affected by land requisition shall be informed about the use, position, compensation standards, 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 knew and confirmed by the affected farmers by land requisition shall be necessary materials about approval for 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 collective ---- 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 public 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 public hearing of the compensation standard and


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resettlement approach of the land to be requisition. If there is party applying for public hearing, the public hearing shall be organized according to relevant procedures and requirements of the Provisions for Public 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 471st State Council Decree of the PRC, issued on July 07, 2006) Article 22: For large and medium size water resources and hydropower projects the combined land 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 cultivated 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


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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 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


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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. (3) Houses as well as other building and structures on the requisitioned land can be removed as compensation or purchased with equivalent price, or be compensated with equivalent houses, other buildings and structures. Article 32: One household of villagers in a rural area can only possess one housing plot, the area of which shall conform to the overall planning for land using of township/town. The cultivated land area of every household shall not exceed 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


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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. 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 collective 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.


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(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 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 Jishou City is the third class. The detailed standards for reclamation fee of cultivated land are listed as follows. 1) Paddy Field: 10000 yuan/mu; 2) Dry Farmland: 6000 yuan/mu.

5. A Notice by General Office of Hunan Provincial People’s Government about Issuing Land Requisition Annual Output Standards (XZB [2005] No. 47) 1) Paddy Field of Class I: 1650 yuan/mu; Paddy Field of Class II: 1400 yuan/mu;


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2) Dry Farmland: 1050 yuan/mu 3) Market Vegetable Land of Class I: 2600 yuan/mu; Market Vegetable Land of Class II: 2300 yuan/mu; 4) Special Fish Pond of Class I: 2200 yuan/mu; Special Fish Pond of Class II: 1900 yuan/mu.

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.

(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


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get reasonable compensation or help. Municipal 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 because of the project construction. The compensation or rehabilitation will be processed according to their loss type and quantity, and whether the loss is within the final construction drawing finished within the time limit regulated by the government; or will be treated as being temporarily affected in the construction period. After the cut-off date, the cultivated land, built houses or resettlement of the affected people in the project affected area will not meet the compensation or subsidy conditions.

4.3.2 Principles of Compensation Rehabilitation 1) The RAP should be based on the social and economic survey and the statistics of the physical indices

surveyed in the affected project area. It should also conform to the current national and local land acquisition laws and policies and policy of involuntary resettlement established by ADB.

2) The engineering design should be optimized in order to protect the land and minimize the impact by the land acquisition and resettlement. To minimize the number of involuntary relocatees, the project should avoid the areas with high population density and multi-storied buildings as much as possible. Better construction methods and other measures should be taken to reduce the disturbance to people.

3) All the compensations and resettlements for the involuntary relocatees should be a part of the project. In order to benefit the relocatee, sufficient funds should be available to them.

4) It should be ensured that all the affected persons’ loss caused by the project would be compensated before the remove. Reasonable resettlement and effective rehabilitation should be conducted and provide assistance for their temporary difficulties during transfer.

5) It should be ensure that, after the resettlement, the living conditions, productivity and income level of all affected persons could come back to or exceed the level without the project.


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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


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compensation should cover the loss to the former owner and user of the land (including the agriculture taxes). The standard of compensation should be increased and the former user of the land should be resettled appropriately if the use purpose or property right of the land changes when it was returned. If the temporarily land acquisition exceeds two years, the acquisition procedure should be handled again.

16) In order to insure the living standards and income levels will not decrease, all the labor forces affected by the land acquisition and resettlement should be provided with employment opportunity. Rehabilitation by allocating replacement land is encouraged, supplemented by development of second and tertiary industries. The villagers can choose to find a job by oneself. If the villager tends to transfer his/her family into the urban household, the original collective economic organization should assist him/her in his/her paying insurance fee.

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 municipal 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


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(1) Compensation Standards for Cultivated Land Acquisition Analysis for Output① 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 output values are listed as follows: 1525 yuan/mu for paddy field (the average of class I and class II paddy fields), 1050 yuan/mu for dry farmland, and 2300 yuan/mu for market vegetable land. ②Multiple of Land Compensation and Resettlement Subsidy According to the relevant regulations from the Land Administration Law, Land Acquisition and Resettlement Regulation for Large and Medium Water Resources and Hydro Project, land compensation for the acquired cultivated land is 10 times of the average annual output value of the land per mu, and resettlement subsidy is 6 times of the output value per mu, totaling 16 times. 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. ③Unit Price of Compensation According to annual output value of the cultivated land per mu in the project area as well as compensation multiple, the unit price of compensation is calculated as 25010 yuan per mu for paddy field, 17220 yuan per mu for dry farmland, 44720 yuan per mu for market vegetable land (including 7000 yuan as the new vegetable land construction funds).

(2) Compensation Standards for Forestland Acquisition Based on this calculation, the compensation for forestland acquisition is 8064 yuan/mu. 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 economic forestland acquisition shall be 50 percent of compensation standards for the paddy field near the land and the resettlement subsidy shall be executed as the same as that for the paddy field near the land; the land compensation fee for timber forestland acquisition shall be set at 30 percent of the compensation standard for the vicinal paddy field and the resettlement subsidy at 50 percent of resettlement standard for vicinal paddy field. Based on calculation, for the economic forestland acquisition, the land compensation fee shall be 7625 yuan/mu, the resettlement subsidy shall be 9150 yuan/mu, and the young crops subsidy shall be 1068 yuan/mu, totaling 17843 yuan/mu; for the timber forestland acquisition, the land compensation fee shall be 6100 yuan/mu, the resettlement subsidy shall be 4575 yuan/mu and the young crops subsidy shall be 610 yuan/mu, totaling 11285 yuan/mu.


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(3) Compensation Standards for Pond Acquisition According to the relevant regulations of Methods of Hunan Province for Implementing the Land Administration Law of the PRC, the land compensation fee for pond acquisition shall comply with compensation standards of vicinal paddy field, and the resettlement subsidies shall be executed as the same as that for vicinal paddy filed. According to the results of calculation, the land compensation fee for pond acquisition is 15250 yuan/mu and the resettlement subsidies is 9150 yuan, totaling 24400 yuan/mu as the compensation for pond acquisition.

(4) Compensation Standards of Housing plot According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China, the land compensation fee for the villagers’ housing plots shall comply with compensation standards for the vicinal paddy field. If the villagers’ housing plots need to rebuild, the resettlement subsidy shall be paid according to the classification standard for the rebuilding sites. Rebuilding sites from the villagers’ housing plots in this project are mainly the dry farmlands, so the land compensation fee is 15250 yuan/mu according to compensation standards for paddy field, whereas the resettlement subsidy is 6300 yuan/mu according to compensation standards for dry farmland, totaling 21550 yuan/mu.

State-owned Land (1) Compensation Standards of 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 Jishou City PMO and affected work units as well as its department in charge, the compensation for land occupation of all the urban residential houses is paid as 62 yuan per square meter. Based on this calculation, the unit price of compensation for land acquisition of urban residential houses in this project is set at 40020 yuan per mu. 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.

(2) Industrial and Commercial Land Acquisition The industrial and commercial land acquisition shall be compensated as per 62 yuan/m2. Based on calculation, the unit price of compensation is 40020 yuan/mu.

(3) Other Land Acquisition According to the relevant regulations from Land Administration Law of the People’s Republic of China and its Implementation Regulations, for acquiring the right of using the land for nation-supported key infrastructures land acquisition such as energy, transportation and water


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conservancy infrastructures, the right of using such lands can be obtained through allocation with the approval of People’s Governments at above county level. The acquisition of other lands in this project is mainly urban unused land, which will be allocated to the Project free of charge. The free transfer will be made to it. For details of standards of permanent land acquisition in this project, see Table 4.3-2.

Jishou City Compensation Standards for Permanent Land Acquisition in Urban Flood Control Project

Table 4.3-2

Land Ownership Land Type

Land Compensation

Fee Resettlement

Subsidy Young Crop

Compensation Fee

New Vegetable

Construction Funds

Standards (yuan/mu)

Collectively Owned Land

Paddy Filed 15250 9150 610 25010 Dry Farmland 10500 6300 420 17220

Vegetable land 23000 13800 920 7000 44720 Pond 15250 9150 24400

Economic Forestland 7625 9150 1068 17843

Timber Forestland 6100 4575 610 11285

Housing Plot 15250 6300 21550

State-owned Land

Industrial and Commercial

Land Acquisition 40020

Residential Land Acquisition

Listed into the compensation standards

for urban residential houses

Other Land Acquisition Free Transfer

4.3.3.2 Temporary Land Acquisition in the Project Compensation fee for temporary land acquisition in this project includes the cost of young crops, compensation fee for land loss and the reclamation cost. Compensation fee for land loss is mainly used for compensating total amount of output or income of landowner from the original land, whereas the reclaiming expense is mainly used for reclaiming temporary land after 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 earth material site, which contains hilly forestland (timber forestland and shrub land) and a little quantity of dry farmland, with 2-year occupation time. The annual output value of paddy filed is calculated as 1525 yuan/mu, and the young crops fee is 610 yuan/mu as per 40% of the annual output


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value; the annual output value of dry farmland is calculated as 1050 yuan/mu, and the younr crops fee is 420 yuan/mu as per 40% of the annual output value; the annual output value of shrub land is calculated as 458 yuan/mu, 30% of the average annual output value of vicinal paddy field, and the timber compensation fee is 458 yuan/mu as per the annual output value of shrub land. Based on this calculation, the compensation for temporary land acquisition are listed as follows: 3660 yuan/mu for paddy field, 2520 yuan/mu for dry farmland, 1374 yuan/mu for shrub land. No compensation shall be paid for the temporary acquisition of waste land.

(2) The Expense of Reclaiming Temporary Land Acquisition According to the 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 21 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.

Analysis Table of the Unit Price of 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 1.2 Arable layer backfilling m3 2.95 200.1 590 1.3 Arable layer leveling m2 0.75 333.5 250 1.4 Laying 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 in this project, see Table 4.3-4.


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Jishou City Compensation Standards for Temporary

Land Acquisition in Urban Flood Control Project

Table 4.3-4

No. Land Type Average Annual

Output Value (yuan/mu)

Land Loss Expense (yuan/mu)

Young Crop Cost

(yuan/mu)

Reclamation Cost

(yuan/mu)

Total (yuan/mu) Acquisition

Time (year) Standards

1 Paddy Filed 1525 2 3050 610 3439 7099 2 Dry Farmland 1050 2 2100 420 3439 5959 3 Shrub Land 458 2 916 458 1374

4.3.4 Relocation Compensation Reference and Standards for Residential House and Auxiliaries 1) Residential House

The dwellers’ residential houses in the project area are mostly brick concrete, and brick wood structures. In order 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 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 fourth quarter of 2005 in Jishou City, the price of materials is determined through analysis: the replacement value of urban residential brick concrete house is 384 yuan per square meter, the replacement value of brick wood house is 302 yuan per square meter, and the replacement value of simple structure is 80 yuan per square meter; the replacement value of rural brick concrete house is 317 yuan per square meter, and the replacement value of simple structure is 60 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, which will be higher than these compensation rates. 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 4.3-5 and Table 4.3-6 for details.


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Jishou City Compensation Standards for the

Demolished House in Urban Flood Control Project

Table 4.3-5

Housing Type Structure Unit Replacement

Value Land Value

Compensation Standards

Remarks

Town House

Brick Concrete Yuan/m2 384 62 446 Fluctuant Amplitude

402~491

Brick Wood Yuan/m2 302 62 364 Fluctuant Amplitude

328~401 Simple Structure Yuan/m2 80 80

Rural House Brick Concrete Yuan/m2 317 317

Fluctuant Amplitude 285~349

Simple Structure Yuan/m2 60 60


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The Analysis and Calculation Table of Replacement value of Structure Classification Unit Area of Urban Residential House

Table 4.3-6

Item Unit Unit Price (yuan) Brick Concrete Brick Wood Earth Wood Remarks Quantity Amount (yuan) Quantity Amount (yuan) Quantity Amount (yuan) 1. Direct Cost 324.7 255.94 214.72 1) Basic Direct Cost 318.33 250.92 210.51 ①Cost of Materials 207.45 167.76 144.25 Rolled Steels kg 4.1 14.7 60.27 4.8 19.68 Small Grey Tile piece 0.1 0 180 18 190 19 Cement kg 0.25 90 22.5 50.3 12.58 Timber m3 480 0.08 38.4 0.105 50.4 0.24 115.2 Cast Iron Pipe kg 2.2 2.2 4.84 Felt kg 2 0.85 1.7 Asphalt kg 0.6 1 0.6 Glass m2 6 0.15 0.9 0.15 0.9 Brick piece 0.15 240 36 218 32.7 Lime kg 0.2 45 9 68 13.6 Sand m3 30 0.35 10.5 0.23 6.9 Macadam m3 30 0.3 9 0.05 1.5 Nail kg 4 0.5 2 0.5 2 Other Materials 6.00% 11.74 9.5 8.05 ②Labor Cost Labor day 26.4 4.2 110.88 3.15 83.16 2.51 66.26

2) Other Direct Cost 2.00% 6.37 5.02 4.21 2 percent of Basic Direct Cost

2. Indirect Cost 7.00% 22.73 17.92 15.03 7 percent of DirectCost

3. Construction Profit 7.00% 24.32 19.17 16.08 7 percent of Item 1-2

4. Tax 3.41% 11.9 9.38 7.87 3.41 percent of Item 1-3

5. New Construction Cost m2 383.65 302.41 253.7 Round-off Value yuan 384 302 254


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The Analysis and Calculation Table of Replacement value of Structure Classification Unit Area of Rural Residential House

Table 4.3-7

Item Unit Unit Price (yuan) Brick Concrete Brick Wood Wood Structure Remarks Quantity Amount (yuan) Quantity Amount (yuan) Quantity Amount (yuan) 1. Direct Cost 317.37 280.34 234.95 1) Basic Direct Cost 311.15 274.84 230.34 ①Cost of Materials 206.15 196.09 160.34 Rolled Steels kg 3.767 14.7 55.37 4.8 18.08 Small Grey Tile piece 0.25 180 45 180 45.00 Cement kg 0.248 90 22.32 50.3 12.47 Timber m3 462 0.08 36.96 0.105 48.51 0.23 106.26 Cast Iron Pipe kg 2.2 2.2 4.84 Felt m2 0.4 0.85 0.34 Asphalt kg 0.6 1 0.6 Glass m2 16.31 0.15 2.45 0.15 2.45 Brick piece 0.153 240 36.72 218 33.35 Lime kg 0.165 45 7.43 68 11.22 Sand m3 41 0.35 14.35 0.23 9.43 Macadam m3 34.5 0.3 10.35 0.05 1.73 Nail kg 5.5 0.5 2.75 0.5 2.75 Other Materials 6.00% 11.67 11.1 9.08 2. Labor Cost Labor day 24 4.2 105 3.15 78.75 2.8 70.00

2) Other Direct Cost 2.00% 6.22 5.5 4.61 2 percent of Basic Direct Cost

2. Tax 3.41% 3.41 percent of Item 1-3

3. New Cost m2 317.37 280.34 234.95 Round-off Value yuan 317 280 235


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2) Auxiliary Facilities Compensation for auxiliary facilities in this project is determined by similar project and the unit price of current building materials in Jishou City. For details, see Table 4.3-7.

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

Table 4.3-7 No. Item Unit Standards Remarks 1 Wall Yuan/m2 20 2 Cement Sunny Field Yuan/m2 15 3 Cement Water Pond Yuan/m3 80 4 Air-condition Reassembling Yuan/set 200 5 Phone Reassembling Yuan/set 200 6 CATV Reassembling Yuan/household 150

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. Most of the urban dwellers will be resettled in 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 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. ①Moving expense includes cost of vehicles, material transport cost, and material damage expense. Compensation fee is set at 100 yuan per person; ② Living allowance includes meal and lodging expenses during moving, medical care during moving, and loss working time because of moving. Compensation fee is set at 100 yuan per capita;


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③ Temporary housing allowance refers to resettlers’ temporary housing expenses 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 300 yuan per capita; ④ Second moving cost mainly refers to the cost of moving from temporary residential houses to replace new houses. It is set at 100 yuan per person.

4.3.5 Compensation Reference and Standards for Affected Individuals Engaged in Small-scale Business

Based on the investigation, no individual shop shall be affected in this project. 4.3.6 Compensation Reference and Standard of Affected Enterprises and Institution 1) Non-residential houses

In the project area, since most of the non-residential houses relocated are office buildings and workshops of enterprises and institutions, the compensation standard will comply with the compensation standard of urban residential housing demolition. 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. See Table 4.3-8 for details.

The Compensation Standard for Non-residential Housing Relocations in Urban Flood Control Project of Jishou City

Table 4.3-8

The Type of the Non-Residential

Housing Structure Unit Standards Remarks

Office buildings, workshops, and

warehouse

Brick Concrete yuan/m2 384 Fluctuant amplitude 346~423 Brick Wood Yuan/m2 302 Fluctuant amplitude 272~333 Earth Wood Yuan/m2 254 Fluctuant amplitude 229~279

Simple Structure Yuan/m2 80

2) Accessorial Facilities

Within the project range, the compensation standard of accessorial facilities relocations of non-residential housing will comply with the compensation standard of accessorial facilities relocations of urban residential housing. See Table 4.3-9 for details.

Compensation Standards for Accessorial Facilities of

Non-residential Housing in Urban Flood Control Project of Jishou City

Table 4.3-9 Type Item Unit Standards

Accessorial Facilities Wall Yuan/m2 20 Cement Sunny Field Yuan/m2 15 Well Piece 200


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3) The Compensation of Production Equipment

According to the relevant regulations in the Methods of Hunan Province for Implementing Urban Houses Demolition Administration Regulation, the compensation of enterprises production equipment includes compensation of removable equipment and non-removable equipment in this project. The compensation of non-removable equipment will be calculated according to the repurchasing price of the equipment, and only the fee of disassembly, installation and debugging shall be considered for the removable equipment. According to investigations, no large production equipment will be affected, and most affected equipment can be easily installed and re-used, therefore, the actual expense is very low. According to consultation with the enterprises to be moved, the compensation of production equipment of enterprises removing at this stage will be paid as 10% of repurchasing price for the cost of disassembly, installation and debugging.

4) Relocation Allowance The relocation allowance during the course of relocations of enterprises and institutions in this project will be paid as the amount of demolished non-residential housing space * 25 yuan/ m2.

5) The Loss Compensation for Stop Production and Working in Removing Period No loss for production and working interrupt is involved in this project, and the relevant compensation fee shall be calculated into the compensation for housing and accessorial facilities.

4.3.7 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 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: standard highway is 800000 yuan/km, mechanical farm road is 150000 yuan/km, pedestrian bridge is 8000 yuan/piece, and culvert is 10000 yuan/piece.

2) Facilities for power transmission and transformation In order to formulate the compensational standard correctly and reasonably, investigation and analysis


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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 fourth quarter of 2005 in Jishou City. According to the typical analysis on unit price and with reference to the similar projects, unit price of rebuilding compensation for 10kV high voltage tension and 380V low voltage tension in the project area is determined to be 50000 yuan/km and 27500 yuan/km (see Table 4.3-11 and Table 4.3-12 for details). The compensation for power transformation facilities is 3000 yuan/piece.


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Unit Price Analysis Table of Per-kilometer 10KV Electric Power Line Table 4.3-11

No. Name of Cost Specification (ratio) Unit Quantity Unit Price (yuan) Amount (yuan) Subtotal Wage Material Machine Subtotal Wage Material Machine

Round-off compensation standard 50000 Total 49966 I Material cost 24906

(I) Main material cost 22642 1 Concrete pole YB-15-10 Piece 20 554 11080 2 Wire LGJ-35/6 kg 444 16.5 7326 3 Cross arm 63×6×1500∠ Set 20 59 1180 4 Needle ceramic bottle PT-15T Set 60 21 1260 5 Single crown bar ZJ1-62×R95 Set 20 41 820 6 Hoop BGR-R100 Set 20 17 340 7 Guy wire GJ-35 Kg 11 7.5 83 8 Guy anchor LP-04 Set 4 50 200 9 Pull rod φ15*2500 Piece 4 32 128 10 Guy anchor ring UM22 Piece 4 28 112 11 Material loss % 0.5 113

(II) Supplementary material cost 10% of main material cost 2264

II Installation Cost 25060 (I) Site transportation 6590 4834 56 1700 1 Passenger transportation Average run distance1km tkm 14.12 230 230 3248 3248 0 0 2 Truck material handing t 14.12 47 7 4 36 663 99 56 508 3 Transportation by truck Run distance 50km tkm 706 1.15 0.15 1 812 106 0 706 4 Terrain adjustment and increase 40% of item 1 to item 3 % 40 3453 1214 1867 1381 486

(II) Earth and rock work 2334 950 1031 353 Pole pit 0.8×0.8×1.9 m3 24.32 86 35 38 13 2091 851 924 316 Guy wire pit 0.4×0.8×2.2 m3 2.82 86 35 38 13 243 99 107 37

(III) Erect the pole and lay the wire 2735 1426 890 419 1 Erect the pole Piece 20 46.2 29.3 2.7 14.2 924 586 54 284 2 Cross arm installation Set 20 9.4 7.2 2.2 188 144 44 0 3 Fabricate the guy wire Set 4 11.6 10 1.6 46 40 6 0 4 Installation of guy anchor Set 4 5 5 20 20 0 0 5 Lay the wire km/single wire 3 519 212 262 45 1557 636 786 135 (1) to (3) in total 11659 7210 1977 2472


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Unit Price Analysis Table of Per-kilometer 10KV Electric Power Line Table 4.3-11


(IV) Basic direct cost % 22 7210 1586 (V) General cost % 53.3 7210 3843 (VI) Design profit % 49.2 7210 3547 (VII) Adjustment of labor cost % 27.27 7210 1966 (VIII) Far place adding cost % 11.48 7210 828

(IX) Tax 3.348% of item 1 to item 8 % 3.348 23429 784

(X) Labor insurance funds 3.5% of item 1 to item 9 % 3.5 24213 847


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

Table 4.3-12


Round-off compensation standard 27500 Total 27493 I Material cost 11861

(I) 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 Set 160 1 160 5 Encircling BGR-R80 Set 20 11 220 6 Guy wire GJ-35 kg 6 7.5 45 7 Guy anchor LP-04 Piece 2 50 100 8 Pull rod φ15*2500 Piece 2 32 64 9 Guy anchor ring UM22 Piece 2 28 56 10 Material loss % 0.5 54 (II) Supplementary material cost 10% of main material 1078 II Installation Cost 15632 (I) Site transportation 4009 2940 34 1035 1 Man-power transportation Average run distance1km 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 Run distance 50km tkm 429.5 1.15 0.15 1 494 64 0 430 4 Terrain adjustment and increase 40% of item 1 to 3 % 40 2100 739 1136 840 296

(II) 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

(III) Upright stanchion 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 Set 20 9.4 7.2 2.2 188 144 44 0 3 Fabricate the guy wire Set 2 11.6 10 1.6 23 20 3 0 4 Installation of guy anchor Set 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

(IV) Basic direct cost % 22 4549 1001


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


(V) General cost % 53.3 4549 2425 (VI) Design profit % 49.2 4549 2238 (VII) Adjustment of labor cost % 27.27 4549 1241 (VIII) Far place adding cost % 11.48 4549 522 (IX) Tax 3.348% of item 1 to 8 % 3.348 14614 489 (X) Labor insurance funds 3.5% of item 1 to 9 % 3.5 15103 529


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3) Water Conservancy Facilities In this project, the water conservancy facilities include electric irrigation stations, small hydro power stations and water diversion channels. With reference to the similar projects, the compensation standards for the water conservancy facilities are listed as follows: 50000 yuan/piece for electric irrigation station, 300000 yuan/piece for small hydro power station, and 80000 yuan/km for water diversion channel, 10000 yuan/piece for culvert. See table 4.3-13 for reconstruction compensatory standard of special item of the project.

Summary Table of Special Facilities Compensation Standard in Urban Flood Control Project of Jishou City

Table 4.3-13

Item Sub-item Unit Standard (yuan) Quantity Investment

(10000 yuan) Remarks

I. Communication Facilities 288.3 Standard Highway km 800000 1.2 96 Mechanical Farm Road km 150000 11.7 175.5 Pedestrian Bridge Piece 8000 21 16.8

II. Facilitates for power transmission and

transformation 32.03

10KV high voltage line Km 50000 1.6 8 380V low voltage line Km 27500 7.1 19.53

Power Transformation

Facilities Piece 3000 15 4.5

III. Water Conservancy Facilities

43.48

Electric Irrigation

Station Piece 50000 1 5

Small Hydro Power

Station Piece 300000 1 30

Channel Km 80000 0.31 2.48 Culvert Piece 10000 6 6

IV. Total 363.81 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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Table of Relocatee Rights and Interests of Jishou City Urban Flood Control Project Table 4.4-1

Affected Type

Affected Object

ResponsibleOrgan Policy of Land Acquisition and Resettlement Involved in this

project or not

Compensation Standards (yuan/unit)

Compensation Item Standard (fluctuant amplitude)

Rural residential house and accessorial

building

Relocatee

Municipal PMO,

Municipal Land and

Resources Bureau

1. The compensation of all the houses shall be obtained according to replacement value, and nodepreciation charge is allowed. Available materials belong to the relocatees, and they also can usethem to build new house. These compensation rates will be used by the resettlement office as thelowest limit. The implemented compensation rates will be based on actual appraised values in theproject areas.

Yes

Housing Compensation

Brick Concrete 317 yuan/m2 (285~349)

2. Resettlement institution shall help the relocatee to move into the new house, and each personshall get 1500 yuan for resettlement site leveling, water drinking and lighting. Yes Simple Structure 60 yuan/m2 3. The resettlement plan respects the idea of the majority of relocatees. Self-dismantling andself-building mode shall be adopted and the relocatees can build their house scatterly in ruraldispersedly, and the relocatees can consider freely whether to use the available materials of oldhouses fully. Before the completion of new house, the relocatees can live in their original housesand they shall not be forced to move before the stipulated date.

Yes

Auxiliary Facilities Wall 20 yuan/m2

Cement Water Pond 80 yuan/m3

4. Relocatee shall get the notice three months before the construction of new houses, and they shallhave at least two to three months to build the house. Discuss the arrangement of house buildingtime fully with the relocatee in village and town, and it is better to arrange it in slack season. Movingand 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.

Yes

Cement Sunny Field 15 yuan/m2 Phone Reassembling 200 yuan/set

Air-condition Reassembling 200 yuan/set

5. Effective measures shall be employed by the resettlement institution in the course ofimplementation to help the vulnerable (the old, the handicapped, the weak and woman-headedhouseholds): the subsidy of building new houses for specially poor family is 3000 yuan perhousehold, 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 moveinto the new house by consulting them.

Yes

CATV Reassembling 150 yuan/household Infrastructure Compensation

Site-leveling, drinking and lighting 1500 yuan/person

6. 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 newhouse.

Yes Demolition subsidy

Moving charge 100 yuan/person Living allowance 100 yuan/person

7. The resettler can lodge appeal for any aspects of the resettlement, including the compensationstandard. No expense shall be paid to the organ dealing with resettlers’ appeal. Yes Temporary house subsidy 300 yuan/person

Second moving charge 100 yuan/person


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Table of Relocatee Rights and Interests of Jishou City Urban Flood Control Project

Table 4.4-1

Affected Type Affected Object

ResponsibleOrgan Policy of Land Acquisition and Resettlement Involved in this

project or not



Urban residential house and accessorial

building

Relocatee

Municipal PMO,

Municipal Land and

Resources Bureau

1. The resettlement plan respects the ideas of the large majority of the resettlers. Cashcompensation and property-right-exchange mode shall be adopted to the urban dwellersaffected by the project. The demolished house shall be compensated as per its replacementvalue. Before the new house is built, the resettlers may live in their original houses and they willnot be forced to move before the stipulated date.

Yes

Housing Compensation

Brick Concrete 446 yuan/m2 (402~491)

2．For the urban residential houses that are compensated according to the mode of cash resettlement in principle, the land portion is compensated as 62 yuan per square meter, and compensation standard for the structure complies with the replacement value.

Yes Brick Wood 364 yuan/m2 (328~401)

Simple Structure 80 yuan/m2

3. For the construction area of property-right-exchange compensation equal to originalconstruction area of relocated houses, its relevant account will not be settled as pricedifference; the overage area within 15% of the original area shall be paid by the relocatee asper the compensation price; the other overage area shall be paid by the relocate as per the floorfactor, which is limited within 20% of the original house price.

Yes

Auxiliary Facilities Wall 20 yuan/m2

Cement Water Pond 80 yuan/m3

4. The compensation for all the houses shall be paid as the replacement value withoutdeduction of depreciation. Available materials belong to the resettlers, and they also can usethem to build new house. These compensation rates will be used by the resettlement office asthe lowest limit. The implemented compensation rates will be based on actual appraised valuesin the project areas.

Yes

Cement Sunny Field 15 yuan/m2 Phone Reassembling 200 yuan/set

Air-condition Reassembling 200 yuan/set

5. In the process of implementation the effective measures are adopted by resettlement organat all levels to help the vulnerable (the old, the handicapped, the weak, and woman-headedfamily: the subsidy of building new houses for specially poor family is 3000 yuan per household,the living allowance for the vulnerable family is 600 yuan per person. And sub-district andresidence committee will help the resettlers to re-build and move to new houses under thecircumstances of holding counsel with them.

Yes

CATV Reassembling 150 yuan/household Infrastructure Compensation

Site-leveling, drinking and lighting 1500 yuan/person

6. Compensation fee for houses will be paid to the resettlers before their purchasing newhouses. Before their purchase, the resettlers may live in their original houses and they will notbe forced to move before the stipulated date.

Yes Demolition Subsidy

Moving charge 100 yuan/person Living allowance 100 yuan/person

7. The resettler can lodge appeal for any aspects of the resettlement, including thecompensation standard. No expense shall be paid to the organ dealing with resettlers’ appeal. Yes Temporary house subsidy 300 yuan/person

Second moving charge 100 yuan/person


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Table of Relocatee Rights and Interests of Jishou City Urban Flood Control Project Table 4.4-1

Affected Type Affected Object

Responsible Organ Policy of Land Acquisition and Resettlement

Involved in this project or

not



Non-residentialhouse and its accessorial buildings

Enterprises and

Institution

Municipal PMO,

Municipal Land and

Resources Bureau

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.

Yes All structures shall be compensated as per the

standards for urban residential house (not including the land value) and its accessorial facilities.

2. All the non-residential houses are compensated according to the mode of cash resettlement inprinciple. The compensation standard for structure shall be executed with reference to thereplacement values of the urban residential houses, and no depreciation will be deducted. Thesecompensation rates will be used by the resettlement office as the lowest limit. The implementedcompensation rates will be based on actual appraised values in the project areas.

Yes Moving allowance 25 yuan/m2

3. Moving allowance for enterprises and institutions during the course of relocation is calculated at25 yuan/m2 according to the area of non-residential house needed to be removed. Yes Compensation for loss of business suspension

4. The compensation of production equipment of enterprises removing at this stage will be paid as 10% of repurchasing price for the cost of disassembly, installation and debugging. Yes Brick Concrete 6 yuan/m2·month

5. For the enterprise or institutions affected during the demolishment, the compensation for their loss of business suspension should be paid according to the actual influence. In principle, the business suspension days are limited within 6 months.

No Brick Wood 5 yuan/m2·month

Individuals engaged in small-scale business

Municipal PMO,

Municipal Land and

Resources Bureau

1. All the affected booths are non-special ones mainly used for private inhabitation. The houses used for business operation are compensated as the replacement value of urban residential houses according to the relevant regulations, and no depreciation is deducted.

No

All structures shall be compensated as per the standards for residential house and its accessorial

facilities.

2. The resettlement institution will assist property owners to identify the housing plot or property rightexchange. It shall be set up at the cross or two sides of the road where the stream of people isdense.

No

3. The compensation fee for closing down business will be paid to affected individuals engaged insmall-scale business during the course of building and relocation. And cost of closing down businessis calculated according to the area of houses used for business operation, and it sets at 15yuan/m2•month. The time of stopping business shall be not more than 3 months in principle.

No

4. For the affected individuals engaged in small-scale business dealing with business operationsunder lease, they can independently choose the site for restarting business operation according totheir own goods and features of their service. And project executive organ will provide newinformation on commercial booths to the proprietor.

No Compensation for loss of business suspension 15 yuan/m2·month

5. The affected individuals engaged in small-scale business must get the notice three months beforetheir building house, and four months is required for them to build houses. No

Other Cost 200 yuan/household 6. The proprietor can lodge appeal for any aspects of the resettlement, including the compensationstandard. No expense shall be paid to the organ dealing with resettlers’ appeal. No


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Table 4.4-1

Affected Type

Affected Object


Involved in this project

or not



Scattered Trees

Owner of Title

Municipal PMO,

Municipal Land and

Resources Bureau

The project shall pay the compensatory cost or replanting cost for the scattered trees. No

PermanentLand

AcquisitionState-owne

d Land

Municipal PMO,

Municipal Land and

Resources Bureau

1. The paid transfers of land ownership are adopted to industrial land within project range. Itscompensation standard shall be executed according to the detailed methods of the similar project IJishou City.

Yes Industrial and Commercial Land Acquisition 40020 yuan/mu

2. Urban residential land acquisition in project area shall be compensated according to the mode of cash resettlement. Among them, the land portion is compensated as per 62 yuan/m2. Yes Residential Land Acquisition Listed into the compensation for

urban house. 3. In the project, for the land acquisition of other stated-owned land such as urban unused land or flood land, the free transfer is adopted to obtaining owner ship of state-owned land. Yes Other Land Acquisition free transfer

PermanentLand

AcquisitionCollectively- owned land

Municipal PMO,

Municipal Land and

Resources Bureau

1. For the project construction land acquisition, the village shall obtain the land compensation costand resettlement subsidy paid by the land acquisition unit; and relocatee will obtain young crop costand ground adhesion matter compensation cost an so on; What’s more, If the land adjustment or theland reclamation is carried out inside the villager’s group to make the affected farmers by landacquisition obtain land or other means of production, the land compensation fee and the resettlementsubsidies should be controlled for utilization by the villager’s group collective. On the contrary, ifthere is no possibility to carry out land adjustment or land tidying or development, and the relocateehas not got any production materials, the village group shall pay not less than 75% of the landcompensation fee and resettlement subsidy to them.

Yes Paddy Field 25010 yuan/mu

2. Land compensation fee and resettlement subsidy shall be used in the livelihood rehabilitation ofrelocatee in the project construction, such as construction of farmland water conservancy facility,rebuilding of rural infrastructure and adjustment of agriculture structure and so on.

Yes Dry Farmland 17220 yuan/mu

3. The compensation standard for cultivated land acquisition is calculated based on the averageoutput value per mu of the previous three years before the land acquisition. Compensation ofcultivated land acquisition and multiple of resettlement subsidy shall be in accordance with thequantity of per capita cultivated land area before the land acquisition in project area, and shall bedetermined according to Land Administration Law of the PRC and Methods of Hunan Provincefor 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 stipulationof cultivated land acquisition.

Yes Market Vegetable land 44720 yuan/mu

4. The land compensation fee shall be paid to the village collective unit or land contractor before theland acquisition. Yes

PermanentLand

AcquisitionCollectively- owned land

Municipal PMO,

Municipal Land and

Resources Bureau

5. Land redistribution shall be carried out in slack season. And for all the farmers lost the landbecause of the project, they will acquire new land through land redistribution. Yes

Pond 24400 yuan/mu 6. The exotic workers who rent cultivated land in the project area will obtain the young cropscompensation for land acquisition. During the implementation of the resettlement in the project, if theexotic workers are willing to stay at this locality for earning a living, the project executive agencyshould help them rent the near land for cultivation.

Yes


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Table 4.4-1

Affected Type

Affected Object


Involved in this project

or not



Temporary Land

Acquisition Contractor

Municipal PMO,

Municipal Land and Resources

Bureau, Contractor

1. The compensation fee for temporary land includes young crops cost, land loss compensationcost and reclamation cost. Time limit of the temporary land is set at two years. If the temporarilyland acquisition exceeds two years, the acquisition procedure should be handled again.

Yes Dry Farmland 5959 yuan/mu

2. The compensation fee for land loss is mainly used for compensating total amount of output orincome of landowner from the original land. And the compensation fee for land loss shall bedetermined according to the annual output value and occupation time: dry farmland is 1232yuan/mu, shrub land is 528 yuan/mu; young crop costs are as follows: dry farmland is 246yuan/mu, and shrub land is 264 yuan/mu.

Yes Shrub Land 1374 yuan/mu

3. After the construction, the land occupied shall be rehabilitated and returned to the villageaffected by the project. Temporarily-occupied dry farmland shall be reclaimed and the reclamationcost is 3439 yuan/mu.

Yes Paddy Field 7099 yuan/mu

Special facilities

Owner of Title

Municipal PMO, relative professional departments

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.

Yes

Standard Highway 800000 yuan/km Mechanical Farm Road 150000 yuan/km

Pedestrian Bridge 8000 yuan/piece 10KV high voltage line 50000 yuan/km 380V low voltage line 27500 yuan/km Power Transformation

Facilities 3000 yuan/piece

Electric Irrigation Station 50000 yuan/piece Channels 80000 yuan/ km

Small Hydro Power Station 300000 yuan/piece Culvert 10000 yuan/piece


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5. Resettlement and Rehabilitation Measures 5.1 Resettlement and Rehabilitation Strategies 5.1.1 Resettlement 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 Task According to the investigation, 287 households with 1040 people are affected by the project land acquisition, of which 108 agriculture persons need economic rehabilitation and 835 persons in 231 households need new houses. According to the time schedule of the project construction, the resettlement implementation will be commenced in the year of 2007, which is close to the investigation basic year, so the resettlement plan is prepared based on the population to be relocated as actually investigated, not take the nature increase of population into account.

5.2 General Scheme of Rehabilitation

The construction of Urban Flood Control Project in Hunan Province will 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) The affected urban residents (non-agricultural population) will be resettled by property rights transposition and cash compensation, which not only economizes the land but also satisfies the urban development planning.

2) In order to maintain the current life style and social relationship, restore their productivity and income level as well as to increase their enthusiasm and adaptabilities, affected rural residents (agriculture population) are settled by means of move-back and local resettlement within their own villages.

3) The residents (population requiring economic rehabilitation) affected by land acquisition will be relocated in the original village groups. By adjustment of residual cultivated land, the new production project can be developed and the resettlement subsidy can be allocated, so as to rehabilitate the production based on land.


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5.3 Rehabilitation Plan for Livelihood Rehabilitation 5.3.1 Choice of Rehabilitation Method

From March to April 2006, the resettlement design unit carried out the on-site investigation, optimization and demonstration in collaboration with municipal PMO and the local governments at various levels. According to the practical situations of project-affected area and resettlers’ opinions, the resettlers will be relocated by means of cash compensation, scattered resettlement in their existing village, and property rights transposition. A contract should be signed between the relocatee and the project sponsor or the land acquisition 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. ①The new residential areas should have good terrain and geological conditions and reliable drinking water source. ②The location of new residential areas should be compatible with the economic rehabilitation plan. ③The location of new residential areas should be convenient for production, living and management. ④Save land, especially the cultivated land, as much as possible. ⑤Take the future population increase into account and leave rooms for further development.

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.

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 Jishou City, 15 residential committees (villages) will be affected by project construction, with residential houses of 23695m2 to be demolished and 835 persons in 231 households to be relocated. The project construction will affect the normal livelihood, so houses shall be built for resettlement.

1) Concentrated Resettlement by Property Rights Transposition


102

According to investigation of resettlers’ will, 129 urban households with 494 persons in Tonghe and Zhenxi Sub-districts in Jishou City would like to choose exchange of property rights and concentrated resettlement. 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’ specified in 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, build the flat-type residents for resettlers’ selections. According to the spot-investigation by Municipal PMO and Resettlement Design Unit, and consultation results of local governments at every level, some relevant units and resettlement representatives, the specific compensation resettlement of exchange of property rights of this project are shown in the following: a) The area exceeding the specified standard shall be paid as follows: the exceeded area within 15%

of former house area shall be additionally paid based on the compensation price of former house; and other extra area, based on the floor of new house, shall be additionally paid by multiplying a coefficient, but limited within 20% of the price of former house.

b) Project Implementation Agency will provide information about houses for relocatees, including house type, area, floor, etc. Under the project, following house types of different areas will be built according to the affordable ability of relocatees: two bedrooms with two receptions (75m2), three bedrooms with two receptions (90 m2), and four bedrooms with two receptions (120 m2).

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) The new houses after property rights transposition will be sold in the market after the completion of commercial housing sales by the developer.

According to the spot-investigation by Municipal PMO and Resettlement Design Unit, and the consultation results of local governments at every level, some relevant units and resettlement representatives, it is preliminarily determined that Qianzhou new area will be the new resettlement site for the relocatees to be resettled by property rights transposition. Located at banks of the Wanrongjiang River, southwest of downtown area, and east of Xiaoxiqiao Village, this site enjoys favorable conditions in terms of geology, landform, electric power, water resource, etc. In the early phase of project startup and demolition, the project EA will provide the affected households with information about the reconstruction planning of resettlement house, the type design and the house size for their selection, so as to meet the requirement and desire of affected people in maximum.

2) Cash Compensation Resettlement


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Based on the investigation of relocatees’ wishes, 246 persons in 70 households in project area would like to be given cash compensation. Under the project, the houses of these households will be compensated by cash compensation according to compensation standard, and the house resource information will be provided by local government for resettlers’ selection. During the implementation period, once the resettlers would like to exchange the property rights, the method of property rights transposition will be adopted, and the house with the same price of replacement value will be provided by implementation setup for land acquisition agency for the resettlers’ selection. In recent years, the real estate market in Jishou City increases rapidly, so there are many houses at varied prices for the resettlers’ selections. Most of the resettlers like to buy new houses which close to the existing residences due to acquaintance of the environment and its convenient location for obtaining the employment and going to school; some of resettlers will buy new houses in other districts in Jishou City due to some human environment factors of moving to the place close with the relatives home or working place, as well as changing the rehabilitation place. According to the investigation, the commercial housing and affordable housing in Jishou City are all the multistoried building with brick concrete structure and perfect facilities, and the basic price of commercial housing is 400-800 yuan/m2, the affordable housing is 580-850 yuan/m2, meanwhile there are many second-hand houses for their selection, which are almost the multistoried building with brick concrete structure and perfect facilities, the basic price is 200-500 yuan/m2. According to the compensation standard of demolition houses and purchasing price comparison, the resettlers can buy new houses, which occupy the same area as the former one by use of demolition housing compensation. At the same time, considering the new houses purchasing and living condition improving together, most of the citizens would like to add own investment (by loan or saving) for improving living condition and adding living area.

3) Move-back and Resettle Locally 95 persons in 32 rural households will be affected by the project, most of who concentrate in Xinqiao Village. Based on the resettlers’ opinions and actual local conditions, the affected rural resettlers shall be relocated in their original villager groups by moving back and scattered distribution. Based on the principle of that “united planning, united land acquisition, and separated building”, the relocatees shall be paid the compensation fee equal to the construction cost of their existing houses. With the housing plot arranged by villager’s group, the relocatees can build the new houses by themselves, with the support by relevant departments. The land area used for rebuilding the house is 150 yuan/household according to the existing national Land Administration Law, and Implementation Methods for Land Administration in Hunan Province. Due to the different influence caused by the project construction differentiating from one village to


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another in the project area as well as the different resources structure and infrastructure conditions in each village, according to the villagers’ opinion, the actual situations and the principle of ‘convenient for production and easy to live’, at least 1 resettlement site with nice conditions of communication, geology, power and water supply shall be selected for housing. Based on the standard of land use, the standard of resettlement compensation and local custom, the resettlers can choose the type of house samples or design their house by themselves according to their wishes and economic situations. Detailed scheme for house-building and resettlement in overall project area is shown in Table 5.3-1.

Scheme for House-Building and Resettlement under Jishou Urban Flood Control Project Table 5.3-1

City Town

(Sub-district) Village

Total resettlers (person)

Property rights transposition Cash compensation Move-back and resettle

locally Resettlers(person)

Resettlement site Resettlers(person)

Resettlementsite

Resettlers (person)

Resettlement site

Jishou 835 494 246 95

Zhenxi 121 121 Qianzhou New

Area

Tonghe 714 373 246 95

Yingzhuang

133 Qianzhou New

Area 50 optional

Xiangyang

160 Qianzhou New

Area 22 optional Xiangyuan 36 optional Guangming 115 optional Xinqiao 95 Original village

Wulipai

80 Qianzhou New

Area 23 optional 5.3.4 Infrastructure and Public Facilities 1) Cash Compensation Resettlement

The residents resettled by cash compensation can only purchase commercial housing or affordable economic housing. The construction of commercial housing or affordable economic housing in Jishou City shall all be approved by the planning department of Jishou City beforehand, and be equipment with the supporting facilities and public infrastructure facilities, of which the public traffic facility is just one aspect given the preference, the supermarket, store, school, kindergarten shall be built as a necessity. Therefore the residents, which chose the cash resettlement will not be troubled with daily living inconvenience, and, the residents will definitely inspect the construction situations of surrounding and the supporting facilities of residential area.

2) Concentrated Resettlement by Property Rights Transposition


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494 persons in 129 households need concentrated resettlement in Qianzhou new area. The lands for resettlement are principally the dryland, and the current roads can be used for external access. a. Site leveling: About 30.4mu dryland is planned to be leveled as housing plot. b. Electric power facility: After concentrated resettlement, the electric power can be supplied to

relocatees by current lines. Partial electricity transmitting and transferring facilities in resettlement sites shall be improved, and 1 transformer of 50kvA will be installed under the plan.

c. Drainage facility: It is proposed to use the close-type drainage ditches in resettlement sites. The main ditch is proposed to be laid on both sides of road, with the drainage type of rain and wastewater confluence. The main drainage ditch is planned to be 0.3km in total length, and the branch ditch is 0.3km also.

d. Water supply facility: It is proposed to conduct concentrated water supply to resettlement sites from Jishou Municipal Water Works, and the principal pipeline for water supply is planned to be 1.0km.

e. Others: Since the resettlement sites are close to former residential places of relocatees, the traffic is convenient, so no school, hospital and other institution will be established. The former social service networks are still applicable for relocatees’ medical care and education.

The sub-district and village will be responsible to construct infrastructures in the resettlement location and the investments will be covered by the compensation for infrastructures.

3) Move-back Resettlement There is no special planning since the resettlement by means of move-back and resettle locally can rely on existing infrastructures and social service systems. For affected local infrastructure facilities, in addition to provide compensation and restore them to original conditions and functions, the local governments could also, according to the local economic situation and the principle of ‘Convenient for production and easy to live’, reasonably improve the facilities in the resettlement areas by providing additional funding or increasing the investment, making overall arrangement and constructing at the same time.

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) Try to realize the resettlers’ comfort and discomfort and try to solve their difficulties in time after the

resettlement.


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5.3.6 Resettlement Planning for Resettlers’ Village 1) Tonghe Sub-district

As one of the sub-districts of Jishou City, Tonghe residential committee governs 7 villages, located at both banks of the Tonghe River, and extends to Tongyouping Village on its east, Datian Village on its west and Guangming Village on its north. Each village is connected by highways, so the traffic is very convenient. All households are electrified and provided with tap water, except that only a few families use well water. The telephone coverage ratio reaches 60%. There are 7348 persons in the residential committee, including 3963 agricultural persons and 3385 non-agricultural persons. In 2005, the net income per person reached RMB 2318 yuan. Within the project area, 214 households with 756 persons will be affected, and 203 households with 714 persons will be relocated. Based on the principle of urban planning of Jishou City, 373 persons in 101 households in Tonghe Sub-district will be concentratedly relocated by property rights transposition. According to the spot-investigation by Municipal PMO and Resettlement Design Unit, and the consultation results of local governments at every level, some relevant units and resettlement representatives, it is preliminarily determined that Qianzhou new area will be the new resettlement site for the relocatees to be resettled by property rights transposition. Located at the bank of the Wanrongjiang River and southwest of downtown area, this site is a new development region in Jishou City with favorable conditions in terms of geology, landform, electric power, water resource, etc. In the early phase of project startup and demolition, the project EA will provide the affected households with information about the reconstruction planning of resettlement house, the type design and the house size for their selection, so as to meet the requirement and desire of affected people in maximum. In addition, 246 persons in 70 households will be relocated by cash compensation. The PMO will give the relocatees with the considerable compensation to build or purchase house by themselves, provide the latest information about house resource and price, and give other assistance during the relocation, so that they can move into the new house as early as possible. Furthermore, other 95 persons in 32 households will be scatteredly relocated in their original villages by moving back.

2) Zhenxi Sub-district As one of the sub-districts of Jishou City, Zhenxi Sub-district is located at the bank of the Tonghe River and southeast of downtown area, and borders Datian Village on its east, Tonghe Sub-district on its west and Pingshanpo at its south. Each village is connected by village-level highways, so the traffic is very convenient. There are 20559 persons in the residential committee, all of who are non-agricultural population generally. Within project area, 121 persons in 28 households will be affected, and 121 persons in 28 households will be relocated. Based on the principle of urban planning of Jishou City, 121 persons in 28 households in Zhenxi


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Sub-district will be relocated by property rights transposition. According to the spot-investigation by Municipal PMO and Resettlement Design Unit, and the consultation results of local governments at every level, some relevant units and resettlement representatives, it is preliminarily determined that Qianzhou new area will be the new resettlement site for the relocatees to be resettled by property rights transposition. Located at the bank of the Wanrongjiang River and southwest of downtown area, this site is a new development region in Jishou City with favorable conditions in terms of geology, landform, electric power, water resource, etc. In the early phase of project startup and demolition, the project EA will provide the affected households with information about the reconstruction planning of resettlement house, the type design and the house size for their selection, so as to meet the requirement and desire of affected people in maximum.

5.4 Economic Rehabilitation Planning for Resettlers 5.4.1 Economic Rehabilitation Tasks for Resettlers

The planning for economic rehabilitation shall be conducted for the agricultural persons with their farmland lost due to land acquisition under the project. According to the investigation and statistics, 32 groups in 15 villages in Jishou City will be involved in land acquisition, and 255 persons in 70 households will be affected. A total of 119.41mu farmlands will be permanently occupied by project, and hence 108 agricultural persons need economic rehabilitation. The resettlement plan is prepared based on the population to be relocated as actually investigated, not take the nature increase of population into account. For details about the agricultural population in each group to be relocated by economic rehabilitation, please see Table 5.4-1.


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Population Calculation for Economic Rehabilitation Table 5.4-1

City (area)

Town(ship) Village

(residential committee)

Group Agricultural population

Cultivated land (mu) Per

capita cultivated land (mu)

Occupied Cultivated Land Per capita residual

cultivated land

(mu/person)

Proportion occupied

(%)

Economic rehabilitation population Subtotal Paddy field Dryland

Commercial vegetable

land Subtotal Paddy field Dryland


land

Jishou 5923 3863.5 998 2483 382.5 0.65 30.03 3.11 10 16.92 0.65 0.78 108 Tonghe 2725 2208.5 366 1670 172.5 0.81 14.84 4 10.84 0.81 0.67 51 Datian 779 281 281 0.36 0.36 1st 344 110 110 0.32 0.32 5th 435 171 171 0.39 0.39 Xinqiao 115 5.5 5.5 0.05 1.82 1.82 0.03 33.09 37 3rd 115 5.5 5.5 0.05 1.82 1.82 0.03 33.09 37 Wulipai 213 29 29 0.14 1.13 1.13 0.13 3.9 4 2nd 116 8th 97 29 29 0.3 1.13 1.13 0.29 3.9 4 Linmushan 465 500 40 420 40 1.08 4.87 4.87 1.06 0.97 5 1st 185 170 150 20 0.92 2.5 2.5 0.91 1.47 3 2nd 120 160 140 20 1.33 2.37 2.37 1.31 1.48 2 6th 160 170 40 130 1.06 1.06 Baiguo 122 22 22 0.18 0.18 3rd 122 22 22 0.18 0.18 Zhenwuying 603 303 199 104 0.5 0.5 1st 227 122 104 18 0.54 0.54 4th 194 88 47 41 0.45 0.45 5th 182 93 48 45 0.51 0.51 Tongyouping 247 898 800 98 3.64 5.75 2.7 3.02 3.61 0.64 3


109


City (area)

Town(ship) Village






cultivated land

(mu/person)

Proportion occupied

(%)





land

1st 76 223 200 23 2.93 1.52 0.7 0.82 2.91 0.68 1 3rd 71 295 250 45 4.15 1.56 0.8 0.74 4.13 0.53 1 4th 100 380 350 30 3.8 2.67 1.2 1.46 3.77 0.7 1 Yanzhai 181 170 105 65 0.94 1.27 1.3 0.93 0.75 2 6th 181 170 105 65 0.94 1.27 1.3 0.93 0.75 2 Qianzhou 3198 1655 632 813 210 0.52 15.19 3.11 6 6.08 0.51 0.92 57 Xiaoxiqiao 1220 190 145 45 0.16 3.11 3.11 0.15 1.64 29 2nd 180 80 60 20 0.44 0.98 0.98 0.44 1.23 3 3rd 280 20 15 5 0.07 0.71 0.71 0.07 3.55 11 4th 480 40 30 10 0.08 0.93 0.93 0.08 2.33 12 6th 280 50 40 10 0.18 0.49 0.49 0.18 0.98 3 Jiefeng 230 295 45 250 1.28 1.17 1.2 1.28 0.4 2 1st 140 115 15 100 0.82 0.72 0.7 0.82 0.63 1 4th 90 180 30 150 2 0.45 0.5 2 0.25 1 Shucai 360 140 22 48 70 0.39 6.08 6.08 0.37 4.34 17 2nd 160 60 10 20 30 0.38 2.46 2.46 0.36 4.1 7 3rd 200 80 12 28 40 0.4 3.62 3.62 0.38 4.53 10 Shengli 740 410 150 150 110 0.55 2.53 2.5 0.55 0.62 6 1st 250 120 60 30 30 0.48 0.82 0.8 0.48 0.68 2 5th 260 130 40 50 40 0.5 0.93 0.9 0.5 0.72 2 7th 230 160 50 70 40 0.7 0.78 0.8 0.69 0.49 2


110


City (area)

Town(ship) Village






cultivated land

(mu/person)

Proportion occupied

(%)





land

Shizi 386 380 190 190 0.98 2.3 2.3 0.98 0.61 3 2nd 125 120 50 70 0.96 0.75 0.8 0.95 0.63 1 3rd 142 130 70 60 0.92 0.62 0.6 0.91 0.48 1 5th 119 130 70 60 1.09 0.93 0.9 1.08 0.72 1 Yunfeng 120 130 40 60 30 1.08 1.08 1st 120 130 40 60 30 1.08 1.08 Xuantan 142 110 40 70 0.77 0.77 3rd 142 110 40 70 0.77 0.77


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32 groups in 15 village of Jishou City, with 57 persons in 13 households, will be affected by temporary land acquisition. During the temporary land use period, the affected farmers can be compensated year after year, and after temporary land acquisition, the occupied lands can be leveled and reclaimed by using land reclamation fee and be returned to the affected farmers. Therefore, the economic rehabilitation is unnecessary for temporary land acquisition under the project.

5.4.2 Economic Rehabilitation Objective for Resettlers The reconstruction and rehabilitation of production and livelihood is the key standard to judge the feasibility of resettlement. In order to ensure that the livelihood of resettlers will not decrease, the rehabilitation and improvement of resettlers’ current net income per capita as the objective of resettlement planning. During March to April 2006, with the assistance of municipal PMO and government at each level, the resettlement design unit investigated the affected farmers on their household properties, income and expenditure conditions, and listed the information household by household. According to the analysis on the income and expenses of agricultural family, in 2005, the annual net income in project area was RMB 2370yuan. In project area, during 2004~2005, the mean annual growth rate in rural area was 4.2%. The resettlement implantation plan of the project will be launched in 2007, and the net income standard for villager resettlers will be RMB 2573 yuan in 2007. In order to guarantee that the resettlers will reach or exceed their former living standard after relocation, the net income per capita must reach or exceed 2573 yuan.

5.4.3 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 (18 village groups out of 32 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. Following land readjustment, for those village groups with sufficient land holding and market conditions for vegetable greenhouse development, greenhouse vegetable will be developed for economic rehabilitation, which is based on rehabilitation of one person by developing each greenhouse with 0.25 mu of land area; The investment standard for rehabilitation through secondary and tertiary industries will be based on degree of land loss among affected people, averaging about RMB 6,000 per person.

5.4.4 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


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Resettlement Plan. As majority of the farmland in project areas have been in possession of others, the agricultural persons who finally need rehabilitation by land have to share original land resources with residents in the host areas, and are guaranteed to get mutual benefit with local residents. To achieve this objective, a series of measures should be taken to increase agricultural income, such as 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 analysis on the change of land holding among affected villages and groups (Table 5.4.2) indicates: 15 villages affected by land acquisition need economic rehabilitation, whose cultivated land per capita will be reduced from 0.921 mu to 0.909 mu after land acquisition, with average reduction of 0.12 mu/person or proportion of 0.78%. Among 20 groups in 10 villages affected by land acquisition, there are 18 groups in 9 villages with their residual cultivated land per capita over 0.5 mu, namely Groups 1st, 2nd and 6th of Linmushan Village, Groups 1st, 3rd and 4th of Tongyouping Village, Group 6th of Yanzhai Village, Groups 1st and 4th of Jiefeng Village, Groups 5th and 7th of Shengli Village, and Groups 2nd, 3rd and 5th of Shizi Village. Among them, Group 3rd of Tongyouping Village possesses the most cultivated land per capita (4.13mu). Among these affected groups, a large number of cultivated land is 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 cultivated land, it is feasible to improve the level of production and the unit yield and achieve the objective of rehabilitation. The ameliorative measures, including increasing the investment on low yield field, improving the soil fertility, adjusting the farming system, replanting the improved crops variety, building the field water resource facilities, and reinforcing the 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 14 groups (in 6 villages) out of 32 groups (in 15 villages) with their residual cultivated land per capita below 0.5mu. Among them, the Group 3rd of Xinqiao Village has the largest proportion of occupied land (33.09%) and the residual cultivated land of 0.03mu/person. The main reason for such a situation is that as these villages are located in the urban planning area of Jishou City, so in recent years most of cultivated land among these villages had been acquired following the rapid development and expansion of Jishou City. Since for those agricultural populations who need rehabilitation by cultivated land, 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 cultivated land below 0.5 mu/person after land


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acquisition, which include providing cash compensation to the affected persons for other economic activities development (such as adjustment of production structure and development of greenhouse vegetable) or non-agricultural economic activates development (such as development of animal husbandry), so as to increase their income, as well as eliminate their poverty situation.


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Change of Land Holding among Affected Groups under Jishou Urban Flood Control Project Table 5.4-2

City (area)

Town(ship) Village


Group

Basic Status Occupied Cultivated Land (mu) Cultivated Land after Occupation

Proportion occupied

(%)

cultivated land (mu) Per capita

cultivated land (mu)

Subtotal Paddy field Dryland Commercial vegetable



land

Per capita


agricultural population


land

Jishou 5923 3863.5 998 2483 382.5 0.65 30.03 3.11 10 16.92 3833 995 2473 365.58 0.65 0.78

Tonghe 2725 2208.5 366 1670 172.5 0.81 14.84 4 10.84 2194 366 1666 161.66 0.81 0.67

Datian 779 281 281 0.36 281 281 0.36

1st 344 110 110 0.32 110 110 0.32

5th 435 171 171 0.39 171 171 0.39

Xinqiao 115 5.5 5.5 0.05 1.82 1.82 3.68 3.68 0.03 33.09

3rd 115 5.5 5.5 0.05 1.82 1.82 3.68 3.68 0.03 33.09

Wulipai 213 29 29 0.14 1.13 1.13 27.9 27.87 0.13 3.9

2nd 116

8th 97 29 29 0.3 1.13 1.13 27.9 27.87 0.29 3.9

Linmushan 465 500 40 420 40 1.08 4.87 4.87 495 40 420 35.13 1.06 0.97

1st 185 170 150 20 0.92 2.5 2.5 168 150 17.5 0.91 1.47

2nd 120 160 140 20 1.33 2.37 2.37 158 140 17.63 1.31 1.48

6th 160 170 40 130 1.06 170 40 130 1.06

Baiguo 122 22 22 0.18 22 22 0.18

3rd 122 22 22 0.18 22 22 0.18

Zhenwuying 603 303 199 104 0.5 303 199 104 0.5

1st 227 122 104 18 0.54 122 104 18 0.54

4th 194 88 47 41 0.45 88 47 41 0.45


115


City (area)

Town(ship) Village


Group


Proportion occupied

(%)






land

Per capita




land

5th 182 93 48 45 0.51 93 48 45 0.51

Tongyouping 247 898 800 98 3.64 5.75 2.73 3.02 892 797 94.98 3.61 0.64

1st 76 223 200 23 2.93 1.52 0.7 0.82 221 199 22.18 2.91 0.68

3rd 71 295 250 45 4.15 1.56 0.82 0.74 293 249 44.26 4.13 0.53

4th 100 380 350 30 3.8 2.67 1.21 1.46 377 349 28.54 3.77 0.7

Yanzhai 181 170 105 65 0.94 1.27 1.27 169 105 63.7 0.93 0.75

6th 181 170 105 65 0.94 1.27 1.27 169 105 63.7 0.93 0.75

Qianzhou 3198 1655 632 813 210 0.52 15.19 3.11 6 6.08 1640 629 807 203.92 0.51 0.92

Xiaoxiqiao 1220 190 145 45 0.16 3.11 3.11 187 142 45 0.15 1.64

2nd 180 80 60 20 0.44 0.98 0.98 79 59 20 0.44 1.23

3rd 280 20 15 5 0.07 0.71 0.71 19.3 14.3 5 0.07 3.55

4th 480 40 30 10 0.08 0.93 0.93 39.1 29.1 10 0.08 2.33

6th 280 50 40 10 0.18 0.49 0.49 49.5 39.5 10 0.18 0.98

Jiefeng 230 295 45 250 1.28 1.17 1.17 294 45 249 1.28 0.4

1st 140 115 15 100 0.82 0.72 0.72 114 15 99.3 0.82 0.63

4th 90 180 30 150 2 0.45 0.45 180 30 150 2 0.25

Shucai 360 140 22 48 70 0.39 6.08 6.08 134 22 48 63.92 0.37 4.34

2nd 160 60 10 20 30 0.38 2.46 2.46 57.5 10 20 27.54 0.36 4.1

3rd 200 80 12 28 40 0.4 3.62 3.62 76.4 12 28 36.38 0.38 4.53


116


City (area)

Town(ship) Village


Group


Proportion occupied

(%)






land

Per capita




land

Shengli 740 410 150 150 110 0.55 2.53 2.53 407 150 147 110 0.55 0.62

1st 250 120 60 30 30 0.48 0.82 0.82 119 60 29.2 30 0.48 0.68

5th 260 130 40 50 40 0.5 0.93 0.93 129 40 49.1 40 0.5 0.72

7th 230 160 50 70 40 0.7 0.78 0.78 159 50 69.2 40 0.69 0.49

Shizi 386 380 190 190 0.98 2.3 2.3 378 190 188 0.98 0.61

2nd 125 120 50 70 0.96 0.75 0.75 119 50 69.3 0.95 0.63

3rd 142 130 70 60 0.92 0.62 0.62 129 70 59.4 0.91 0.48

5th 119 130 70 60 1.09 0.93 0.93 129 70 59.1 1.08 0.72

Yunfeng 120 130 40 60 30 1.08 130 40 60 30 1.08

1st 120 130 40 60 30 1.08 130 40 60 30 1.08

Xuantan 142 110 40 70 0.77 110 40 70 0.77

3rd 142 110 40 70 0.77 110 40 70 0.77


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5.4.5 Economic Rehabilitation Planning During March to April 2006, the resettlement design unit and the municipal PMO, together with the relevant department, conducted the on site survey on the project affected land, water surface, and other natural resources. During the resettlement planning and the project impact investigation, the consultation meeting with the project affected township (sub-district), village cadre, and some resettler representatives have been held, and the economic rehabilitation schemes for resettlers was discussed. Through the analysis on the geographic position, land resources ownership, income structure of local residents, and based on the extensive consultation with the resettlers, the overall economic rehabilitation scheme was developed as follows: in-group adjust cultivated land of 25.76mu for 19 resettlers; develop greenhouse vegetable of 4.25mu for 17 resettlers; and develop secondary and tertiary industries for 72 resettlers. See Table 5.4-3 for details about economic rehabilitation in groups.

1) Adjust Cultivated Land in Groups According to the survey, the affected persons in 13 villager groups in project area would like to choose the economic rehabilitation by re-allocating the cultivated land in groups. As the land resources in these groups are abundant, so after land acquisition the cultivated land per capita is about 0.5 ~ 4.13 mu. The affected villagers are accustomed to make a living on the farmland and lack other skills of making a living, therefore they would like to keep their traditional production mode and means of living. In the overall project planning, it is proposed to adjust 25.76mu cultivated land within the group for 19 resettlers. After adjustment of cultivated land, the cultivated land per person in this group will be less. In order to keep a synchronous development of resettlers’ living level as other villagers’, it is necessary to develop fully the latent capacity of the remaining cultivated land, to insist the principle which is called that “exchanging quality for quantity”, and to enhance the yield and output value of the remaining cultivated land, as the cultivated land in the project scope are mainly located at side banks along the river presently, they 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 item, some agricultural technicians shall be hired to strengthen the agricultural technique training of rural resettlers and to guide them to fulfil the measures of “improving low yield land, changing dry farmland into paddy field”, rightly to enhance the elemental area output value and the cultivated land capacity, so as to fully and well rehabilitate the resettlers in this village with cultivated land adjustment in this villager’s group.

2) Development of Greenhouse Vegetable Within project area, the groups of Wulipai, Xiaoxiqiao and Shucai Villages have small proportion of


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cultivated land to be occupied, so no farmer will completely lose their land after land acquisition. According to most relocatee’s wishes, the affected farmers shall be relocated by giving cash compensation rather than cultivated land adjustment. These persons will use the compensation fee to develop greenhouse vegetable, which can meet the demand of urban residents, solve the relocatee’s production and increase their income. In the entire project planning, it is proposed to develop 4.25mu counter season and nuisance-free greenhouse vegetable for resettling 17 persons.


119

Planning of Economic Rehabilitation in Jishou City Table 5.4-3

Subproject area

Town(ship) Village Group Economic

rehabilitation population

Agricultural rehabilitation Secondary and tertiary industry In-group adjustment of cultivated

land Greenhouse vegetable

Area (mu) Relocatees Area (mu) Relocatees Item Relocatees Jishou 22 108 25.76 19 4.25 17 72

Tonghe 8 51 17.79 10 1 4 37 Xinqiao 1 37 37

3rd 37 Business,

transportation 37

Wulipai 1 4 1 4 8th 4 1 4 Linmushan 2 5 5.31 5 1st 3 2.73 3 2nd 2 2.58 2 Tongyouping 3 3 10.63 3 1st 1 2.88 1 3rd 1 4.05 1 4th 1 3.7 1 Yanzhai 1 2 1.85 2 6th 2 1.85 2 Qianzhou 14 57 7.97 9 3.26 13 35 Xiaoxiqiao 4 29 0.75 3 26 2nd 3 0.75 3

3rd 11 Business,

transportation 11

4th 12 Business,

transportation 12


120

Planning of Economic Rehabilitation in Jishou City Table 5.4-3

Subproject area

Town(ship) Village Group Economic

rehabilitation population

Agricultural rehabilitation Secondary and tertiary industry In-group adjustment of cultivated

land Greenhouse vegetable

Area (mu) Relocatees Area (mu) Relocatees Item Relocatees 6th 3 3 Jiefeng 2 2 2.71 2 1st 1 0.82 1 4th 1 1.89 1 Shucai 2 17 2.5 10 7 2nd 7 7 3rd 10 2.5 10 Shengli 3 6 2.35 4 2 1st 2 2 5th 2 0.99 2 7th 2 1.36 2 Shizi 3 3 2.91 3 2nd 1 0.94 1 3rd 1 0.9 1 5th 1 1.07 1


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3) Development of Secondary and Tertiary Industries According to the investigation, 6 groups in Xinqiao, Wulipai, Xiaoxiqiao, Shucai and Shengli Villages have small amount of residual cultivated lands, so the adjustment in groups or in villages can’t be conducted. Since there are so many persons engaged in secondary and tertiary industries with high enthusiasm that the secondary and tertiary industries can be developed by taking the above advantages and providing technical training and guidance, and consequently resettle 72 persons.

5.4.6 Plan for Economic Rehabilitation in Key Resettlement Villages 5.4.6.1 Xinqiao Village of Tonghe Sub-district 1) Current Status

As an administrative village under the jurisdiction of Tonghe Sub-district, Xinqiao Village is located at the west bank of the Tonghe River, and borders Xiangyuan Village on its east, Linmushan Village on its south and Wulipai Village on its north. Each village is connected by village-level highways, so the traffic is very convenient. The whole village have 731 persons, including 277 agricultural persons and 453 non-agricultural persons. In 2005, the net income per person reached RMB 2239 yuan. Within the whole village, there are 37 persons (5.06% of total population in the village) engaged in such secondary and tertiary industries as catering, garment and general merchandise. The labor force accounts for 60% of total population in the village, and 44 persons work outside, mainly engaging in construction, timber processing, shoes production and electronic sectors in Guangdong Province and Wenzhou City. There are 13mu farmlands in Xinqiao Village, including 5mu dryland and 8mu commercial vegetable land. The farmland per person in the group affected by land acquisition is 0.05mu.

2) Impact of Land Acquisition The project construction will acquire 1.82mu farmland (all are commercial vegetable land) in the sub-district. The residual farmland per person in affected groups will be reduced to 0.03mu after land acquisition, with a decrease of 0.02mu and a proportion of 33.09%. Table 5.4-3 shows the details about the land acquisition.

3) Measures for Economic Rehabilitation

Farmland of Affected Groups in Xinqiao Village Table 5.4-3

Village Group

Current agricultural population (person)

Existing farmland (mu) Farmland per person (mu)

Occupied farmland Farmland per person after

land acquisition (mu)

Reduction proportion of farmland per person (%)

Subtotal Commercial vegetable

land Subtotal

Commercial vegetable land

Xinqiao 1 115 5.5 5.5 0.05 1.82 1.82 0.03 33.09

3 115 5.5 5.5 0.05 1.82 1.82 0.03 33.09


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The permanent land acquisition will affect 39 persons in 11 households in Xinqiao Village, 37 persons will be relocated by economic rehabilitation, and 95 persons in 32 households will be relocated by house construction. Based on the extensive consultation with resettlers and the actual condition of the village, it is proposed to relocate the resettlers in accordance with the following measures: —— Economic rehabilitation measure: In consideration of the little land holding per capita in this village, it is difficult to adjust the land holding within in the village. For the households affected by land acquisition, more than 75% of the land compensation fee and subsidies shall be paid to each household instead of land adjustment. Because the non-agricultural production takes the leading in this village, and many people are engaging in the secondary and tertiary industries with enthusiasm currently, it is proposed to develop such secondary and tertiary industries as business, transportation and services for relocating 37 persons by taking the above advantages and providing technical training and guidance. —— Resettlement measures: According to the voluntary choice of relocatees, the village committee decided to resettle 32 affected households with 95 persons by means of scattered and moving-back resettlement in existing groups, and will unifiedly arrange new housing plot based on the standard of 120m2 /household. The reconstruction of houses, according to relocatees’ desires, will be carried out by means of self-demolition and self-reconstruction. This project will provide compensation for their loss according to relevant policies, necessary subsistence subsidy, such as conveying fee, and expenditure of attached infrastructures of new housing plot. Moreover during the house construction, the project implementation agency and village committee will also provide necessary assistance for the affected persons.

5.4.6.2 Xiaoxiqiao Village in Qianzhou Sub-district 1) Current Status

As an administrative village under the jurisdiction of Qianzhou Sub-district, Xiaoxiqiao Village is located at the bank of the Wanrongjiang River, and borders Zhenxi Sub-district on its east, Jiefeng Village on its west, Shucai Village on its south and Shizi Village on its north. Each village is connected by village-level highways, so the traffic is very convenient. The whole village have 2979 persons, including 2466 agricultural persons and 513 non-agricultural persons. In 2005, the net income per person reached RMB 1896 yuan. Within the whole village, there are 103 persons (3.46% of total population in the village) engaged in such secondary and tertiary industries as catering, garment and general merchandise. The labor force accounts for 60% of total population in the village, and 78 persons work outside, mainly engaging in processing and shoes production in coastal area such as Guangdong Province. There are 470mu farmlands in Xiaoxiqiao Village, including 305mu paddy field and 165mu dryland. The farmland per person in the affected group is 0.16mu.


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2) Impact of Land Acquisition The project construction will acquire 3.11mu farmland in the sub-district. The residual farmland per person will be reduced to 0.15mu after land acquisition, with a decrease of 0.01mu and a proportion of 7.89%. Table 5.4-4 shows the details about the land acquisition.

3) Measures for Economic Rehabilitation

Farmland of Affected Groups in Xiaoxiqiao Village Table 5.4-4

Village GroupCurrent agricultural

population (person)

Existing farmland (mu)

Farmlandper

person (mu)

Occupied farmland Farmland

per person

after land acquisition

(mu)

Reductionproportion

of farmland

per person

(%)

SubtotalPaddy field

Dryland SubtotalPaddy field

Dryland

Xiaoxiqiao 4 1220 190 145 45 0.16 3.11 3.11 0.15 7.98 2 180 80 60 20 0.44 0.98 0.98 0.44 1.23 3 280 20 15 5 0.07 0.71 0.71 0.06 14.29 4 480 40 30 10 0.08 0.93 0.93 0.07 12.5 6 280 50 40 10 0.18 0.49 0.49 0.17 5.56

The permanent land acquisition will affect 34 persons in 10 households in Xiaoxiqiao Village, and 29 persons will be relocated by economic rehabilitation. Based on the extensive consultation with resettlers and the actual condition of the village, it is proposed to relocate the resettlers in accordance with the following measures: —— Economic rehabilitation measure: In consideration of the little land holding per capita in this village, it is difficult to adjust the land holding within in the village. For the households affected by land acquisition, more than 75% of the land compensation fee and subsidies shall be paid to each household instead of land adjustment. Because the non-agricultural production takes the leading in this village, and many people are engaging in the secondary and tertiary industries with enthusiasm currently, it is proposed to develop such secondary and tertiary industries as business, transportation and services for relocating 26 persons by taking the above advantages and providing technical training and guidance, and to develop the greenhouse vegetable plantation of 0.75mu for relocating 3 persons.

5.4.7 Investment of Economic Rehabilitation 1) Farmland Adjustment

Under the project, the land adjustment should be paid according to the unit compensation price (RMB 25010 yuan/mu for paddy field). It is proposed to adjust 3.64mu paddy field and 22.12mu dryland, so


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the land adjustment fee of RMB 0.3625 million yuan will be needed in total. 2) Development of Greenhouse Vegetable

After land readjustment, due to reduction of farmland per capita, the compensation funds for land should be used and the measures for production development, such as improving cultivated structure and strengthening the management in fields, shall be adopted to recuperate the loss from losing part of cultivated land. According to the analysis of unit price for project development, 4 greenhouses can be developed on the land of one mu based on 0.25mu for each greenhouse. According to the construction cost of RMB 3679 yuan for each greenhouse, the cost of RMB 14685 yuan will be invested to change each mu of paddy field into greenhouse vegetable field. (Table 5.4-5 shows the information in details).

Analysis on Unit Price of Investment in Changing Paddy Filed to Greenhouse Vegetable Table 5.4-8

Item Unit Unit Price (yuan) Qty. Sum (yuan) Remarks 1. project investment

2050

1.1. big shed Piece 1850 1 1850

1.2. labor force Work-day 20 10 200 Including site clearance and

shed erection 2. Matching facility 120 2.1. Hydro facility Yuan 120 3. Operation cost 1168

3.1 seeds Yuan 700 3.2 Farm fertilizer T 140 2 280

3.3 Chemical fertilizer kg 1.24 55 68 3.4 Medicines kg 120

4. Technical service fee 166.5 5% of total of Items 1~3 5. Contingency fee 174.8 5% of total of Items 1~4

6. total 3679

A total of 4.25 mu greenhouse vegetable fields will be developed in project area, which will cost about RMB 62.5 thousand yuan.

3) Development of Secondary and Tertiary Industries The cash compensation will be directly given to the affected farmers to be resettled by development of the animal husbandry. The affected farmers can use the compensation fee to engage in income-creating activities, such as animal husbandry. According to the land losses of the affected farmers who will be resettled by cash compensation, the total investment will reach RMB 0.36 million yuan. Based on the analysis and calculation of above items, a total of RMB 0.9646 million yuan shall be invested for economic rehabilitation in project area. For details, please see Table 5.4-6.


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Estimate of Proposed Investment for Economic Rehabilitation

Table 5.4-6 Item Unit Unit price (yuan) Qty. Investment (10000 yuan) Notes Total 96.64

1. In-group adjustment of paddy field Mu 25010 3.64 9.1 rehabilitating

19 persons 2.In-group adjustment of dryland Mu 17220 22.12 38.09

3. Greenhouse development Mu 14716 4.25 6.25 rehabilitating 17 persons

4. Secondary and tertiary industry Person 6000 72 43.2

rehabilitating 72 persons

5.4.8 Balance between Land Compensation Fee and Economic Rehabilitation Investment

According to the relative stipulations that: “The land compensation and resettlement subsidies, is used by the institutions with land acquired, for production rehabilitation and development, and arranging the employment for the surplus labor forces caused by the land acquisition, livelihood subsidies for people incapable for work. It can also be contracted to the county (city) and be unitedly allocated by the county (city) for land development, production and livelihood resettlement for resettlers. But these special funds must be used for the specific purpose. The funds shall not be privately shared or used for other purposes.” In case that the land compensation and resettlement subsidies can not meet the requirements of production and resettlement, the resettlement subsidies can be increased according to the situation. Therefore, the land compensation fee and resettlement subsidies, as the only fund resource of the resettlers’ production and resettlement, must be equal to or a little more than the total investment of economic rehabilitation. Under the project, the compensation fee for permanent acquisition of cultivated land is RMB 1.0067 million yuan, and the investment in economic rehabilitation is RMB 0.8944 million yuan. Therefore, the compensation fee for cultivated land is higher than the investment in economic rehabilitation, which can meet the requirement of fund for economic rehabilitation. 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., to ensure that the livelihood level of the resettlers reaches or exceeds their previous standard.

5.4.9 Forecast of Economic Income Level Resettlement production development means to combine resettlement with project construction, resource exploitation, soil and water conservation and economic development and make resettlement production reach or exceed intrinsic living condition step by step. Planning scheme of production


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development is brought out on the basis of natural and social economic characters of project region and collecting opinions of resettlement. Analysis of output profits of its developing items is as follows:

1) Green house vegetable: The production cost of normal year of each green house vegetable is 1160 yuan per year (including operation cost and technical service charge). Each green house can yield 4000 kg counter season vegetables and add profit of RMB 2577.5 yuan annually, which is beyond the per capita net income of RMB 2573 yuan in project region if the profit of vegetable per kg is calculated as RMB 1 yuan and the cost and alternative land profit are deducted (the alternative land profit is RMB 262.5 yuan if the annual output value of dryland is RMB 1050 yuan per mu and each greenhouse occupies 0.25 mu).

2) Secondary and tertiary industries: The annual income of the relocatees engaged in such secondary and tertiary industries as business, transportation, and service can reach above RMB 10 thousand yuan, which can ensure their previous living standard.

5.4.10 Rehabilitation Measures for Resettlers’ Economic Income The project implementation agency will offer help and support to the resettlers as much as possible during the whole course of resettler livelihood recovery in this project. They include

1) Distribute resettlement subsidy and help resettlers to become self-employed. 2) Strengthen the training of production skills for resettlers and invite experienced specialists to train the

resettlers 3) Give first priority to the resettlers when hire labor 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 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.

4) The local government will provide such fiscal encouraging policies as tax reduction and subsidy for the resettlers engaged in secondary and tertiary industries. Additionally, the banks will also give priority to provide loans for them. Fiscal Subsidy: implement the policy of “Basic Value Checked, ①

Subsidy Increased Progressively, and Support for Specific Project”; Agricultural tax reduced or ②

exempted for nations; The “Funds for suppo③ rting the regions with undeveloped economy” (Development Funds for short) established in national finance are mainly used for the undeveloped revolutionary old citadels, minority regions, remote areas and poor regions; ④

Central bank and provincial banks provide preferential policies to minority regions in terms of credit scale and fund arrangement.


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5.5 Rehabilitation Plan for Affected Commercial Units The project will not affect the individual units of industry and commerce, as well as their operation and employees. Therefore, it is unnecessary to rehabilitate or rebuild the commercial units.

5.6 Rehabilitation Plan for Affected Enterprises and Institutions According to the investigation, there are 15 enterprises and 21 institutions to be affected by the land acquisition and demolition in the project area, which are showed in Table 2.3-7 in detail. Through the collective consultation by the units responsible for resettlement planning, the municipal PMO and government, the enterprises and institutions and their competent authorities, and the representatives of resettlers, it is decided that cash compensation will be provided to 36 affected enterprises and institutions.

1) Enterprises: A total of 15 enterprises will be affected by the land acquisition and demolition in project area. For these enterprises, the main impact will be made on the administrative house or auxiliary production house, so the project construction will make minor impact on their normal production, operation or official business that it is unnecessary to move entirely. After obtaining cash compensation, these enterprises can adjust their administrative house or build new house by themselves.

2) Institutions: A total of 21 institutions will be affected by land acquisition and demolition in project area. These institutions cover large area and have space for house construction within the area. Additionally, the main impact will be made on partial office house or auxiliary house, so that it is unnecessary to move entirely. It is proposed to adjust the office houses or build new houses by themselves after obtaining cash compensation.

5.7 Minorities Resettlement

The Project will have certain negative and positive impacts on ethinic minorities on economic, environment and employment aspects. The Project implementation agencies will take relevant measures to minimize negative impacts and enhance positive benefits in order ensure adequate rehabilitation for the affected minorities.

1) Measures to avoid or minimize negative impacts a) Construction Impacts: During construction, to minimize potential impacts on affected minority villages, project implementation agencies will make efforts to reduce construction noise, strengthen traffic safety and repair or rehabilitate damaged irrigation and drainage facilities. b) Prevention of AIDS and STD: Even though Jishou City is not city with high degree of AIDS or STD, to


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minimize potential threat of AIDS and STD to Jishou City due to Project, the Jishou City Disease Control Center will take a series of measures, including setting up clinic in the construction site, providing information on prevention of AIDS and STD, and taking necessary prevention measures for construction workers. c) Gender Equity: To ensure minority women have same benefits in the Project and their basic interests are protected, according to national laws and regulations, the project implementation agency will take measures like separate or joint consultation meetings so that women have more opportunities in decision making process. d) Relocation and Resettlement: For the construction of replacement housing for relocated households, the implementation agencies will consider a number of factors, including cultural customs, agricultural production needs, and long term development. In addition, the implementation agency will set aside 1% of total land acquisition and house demolition compensation to provide necessary assistance to the vulnerable groups, including those minority households. For those households seriously affected by land acquisition, in addition to provide regular land compensation and rehabilitation, basic agricultural and non-agricultural skill training will be provided to facilitate their rehabilitation. In the resettlement office of LPMO, minority staff will be appointed to be responsible for implementing resettlement program for Jishou Subproject.

2) Measures to Enhance Project Benefits a) The Project Implementation Agency will consult with selected contractors to specify that among those hired as daily labors, at least 75%of local labors employed will be minorities. All contractors should provide necessary job training to the hired labors and pay full wages without delay. b) Microfinance Plan. Under the coordination of Jishou Poverty Alleviation Office, Jishou City Women’s Federation will implement a microfinance program, which will provide micro credit for 1100 rural minority women in Jishou City. The average size of loan is RMB 1,000 to be used for small scale income generation activities. The average repayment period is 0.5 to 4 years, with annual interest rate being 5-6%. About 50% of interest cost will be subsized by the county poverty alleviation office. Affected minority households will have priority to benefit from this program. c) Tourist Development: The municipal government and tourist administration agency will take various measures to promote tourism development in Jishou City, which include preparing information booklet to introduce Tujia and Miao cultures, and increasing exposure of Jishou resources on internet. d) Technical Training: As part of economic rehabilitation package, Jishou City Agricultural Bureau, Labor and Social Security Bureau will offer various skill trainings on planting, animal husbandry and non-farm activities to the affected people, including affected minority persons, so that they have more income generation capacity and more opportunities to be employed during project construction.


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e) Preferential Policies to Minority Families: In order to encourage ethnic minority people involvement in secondary and tertiary sector development, municipal government will provide a series preferential policies and tax holiday, such as fixed allowance, special subsidy, and special assistance for newly set up businesses

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, disabled, 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 detailed measures include provision of the house subsidy worth of RMB 3000 yuan/household and the subsistence subsidy of RMB 600 yuan/person for the extremely poor people, 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 those elderly living alone, disabled, and women headed households. According to the investigation on actual situation and demand of 78 vulnerable persons affected by the project, it is determined that the allowance for vulnerable group will be calculated by 1% of the total cost of compensation for occupied land and house & affiliated facilities, which will be used to provide various supports or livelihood assistance for the vulnerable group affected by the project.

5.9 Planning of Relocation and Reconstruction Special Facilities 5.9.1 Transport Facilities

The land acquisition will affect the simple highway of 1.2km, the tractor road of 11.7km, and 21 pedestrian bridges. According to the project design, the reconstruction of simple highway and tractor road, if the existing road crosses the embankment, will be built with up-embankment road to settle transport problem on the both sides of the embankment; while the existing road extends along the embankment, the reconstruction will be in parallel and by moving back in existing locations. The


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inundated pedestrian bridge will be given cash compensation, and rebuild or rehabilitated by villagers themselves.

5.9.2 Transformer Facilities The land acquisition will affect the 10kv high-voltage lines of 1.6km, the low-voltage line of 7.1km, and the transformer facilities at 15 sites. According to the project design, the reconstruction of electric line, if the existing lines crosses the embankment, will be carried out by heightening the 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 in the charge of the electric department.

5.9.3 Water Conservancy Facilities The land acquisition will affect one electric pumping station, 6 culverts, diversion canal of 0.31km, and one small hydraulic power plant. Based on the principle of original scale and rehabilitation of original functions, these facilities will be reconstructed at place back of original location. The electric pumping station will be planned and reconstructed by Water Resources Department in Jishou City, and 6 affected culverts shall be rebuilt locally.


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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. 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 Project Offices of Provincial 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 committees) 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 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

Jishou City ADB Loans

Project Office

Project Resettlement Leading Group of

Jishou City

Resettlement Design

Unit

Independent Monitoring and

Evaluation Institution

Jishou City Project Resettlement

Implementation Management Office

Development Zone

Resettlement Implementation

Management Office

Village Committee or

Residential Committee and Villager’s group

Resettlement

Household

Fig. 6.2-1 Frame of Project Resettlement Institution 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


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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.

4) 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 and districts in Hunan Province and guarantee the construction of main body of project and the smoothness of land acquisition resettlement.

5) Project Resettlement Leading Group Project Resettlement Leading Group of Jishou City is managed by leaders of Jishou City People’s Government in charge of the project directly, its main responsibilities are to strengthen the leadership during the course of the project implementation in the district under the jurisdiction of the city, to

coordinate the relationships among townships (towns, sub-districts), and to guarantee the smoothness of the construction of main body project, land acquisition resettlement. Municipal PMO will be set up under it to deal with daily affairs.

6) Jishou City ADB Loans Project Office The main responsibilities of Jishou 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. Municipal Resettlement Implementation Management Office will be set up under it to deal with daily affairs.

7) Project Resettlement Implementation Management Office The main responsibilities of it are to fulfill management, planning, implementation, coordination and supervision and monitoring of the resettlement: ① Work out the land acquisition of the project, demolition and resettlement policy; ② 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; ③ Apply for the land using and planning, and license on land using and construction; ④ Be in charge of service training of main resettlement leader of Land Acquisition, Demolition, and

Resettlement Office; ⑤ Organize and coordinate the compilation and execution of Resettlement Planning Report; ⑥ Be responsible for management and allocation of funds, and supervision the using of funds; ⑦ Guide, coordinate and supervise the resettlement implementation and progress; ⑧ Preside over and check the internal monitoring activities, and be in charge of compilation of the


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report on land acquisition, demolition and resettlement;

⑨ Determine the external monitoring institution and assist with the external monitoring activities.

8) Township (Town, Sub-district) Resettlement Implementation Management Office It is led by township (town, 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: ① Take part in the project investigation and assist in the compilation of Resettlement Action Plan; ② Organize the masses to join in and publicize the resettlement policies; ③ Implement, check, monitor and record all of the resettlement activities in the township or town; ④ Go through the demolition and rebuilding procedures for resettler’s houses; ⑤ Be responsible for the payment and management of land compensation funds; ⑥ Supervise the land acquisition, demolition of houses and attachment, and the rebuilding and

demolition of buildings; ⑦ Report the conditions of the land acquisition, demolition and resettlement to Municipal Land Bureau

and Resettlement Management Office; ⑧ Coordinate and deal with the contravention and problems in work.

9) 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.

10) 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.


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In the implementation period, provide design document, technology regulations, drawings and notice for the Municipal 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.

11) Responsibilities of Independent Institution for External Monitoring and Evaluation Qualified monitoring evaluation institution shall be hired to be the resettlement monitoring unit by the Municipal PMO, and its main duties are: ① 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.

② Provide technical consultation for Project Resettlement Office in aspects of investigation and procession of data.

6.3 Supervision Institutions

The Project Settlement Implementation Management Office 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, PMO at municipal level 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 municipal PMO and report resettlement progress, problem and disposal advice for municipal PMO.

6.4 Resettlement Management System

The implementation of the resettlement program for Jishou Subproject will be the responsibility of the Jishou 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.


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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.

Table on the Personnel of Resettlement Implementation and Management of Urban Flood Control Project of Jishou City

Table 6.5-1 Unit: Person

Institution Name Total Administrator Finance

Staff Technical

Staff Political Worker

Rear-service Staff

Municipal Resettlement Implementation Management

Institution 8 2 2 2 1 1

Town Resettlement Implementation Management

Institution 5 2 2 1

Total 13 4 2 4 1 2 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 RMB 0.3166 million yuan, and the funds are open-fee of resettlement implementation institution of general budgetary estimate of resettlement investment.


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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 city-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:

Table on Facilities Arrangement of Resettlement Implementation Institution of Urban Flood Control of Jishou City

Table 6.5-2

Project Type Unit Unit Price

(Yuan)

Amount Investment

(RMB Y’0000)

Remarks Total

Municipal Resettlement Office

Township Resettleme

nt Office

1. Office Piece 9600 3 2 1 2.88

200 yuan/Month- House, hire for 4 years

2.Transportation Tools

BJLB MOTOR CFA-6400A

Piece 171800 1 1 17.18

3. Office Facilities 11.6

3.1Computer Lenovo Yangtian

M6000 Set 8499 3 2 1 2.55

3.2Printer HP8000 Set 8260 2 1 1 1.65 3.3Duplicatr Panasonic FP-7818 Set 13600 1 1 1.36

3.4Digital Camera

SONY DSC-V1 Set 4880 2 1 1 0.98

3.5Airconditionor GREE 505TlyType Set 4000 3 2 1 1.2

3.6Table and chair

Set 1000 13 8 5 1.3

3.7Scanner HP4670C Set 3000 2 1 1 0.6 3.8Fax Liguang 8500 Set 1680 2 1 1 0.34

3.9Telephone Siemens 8000 Type Set 128 3 2 1 0.04

3.10 Notebook PC

Toshiba PA100 Set 15800 1 1 1.58

4. Total Investment 31.66


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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 municipal-level training center as the carrier, we shall hold all kind of practical technology training in order to make a number of resettlement master one to two kinds of practical technology and lead other resettlement households to rich life by science.

1) Training for resettlement backbone: It is planned that we will recommend and send 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, and high quality orchard 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 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 six resettlement training workshops will be carried out at cost of RMB 83500 yuan. Among them, three workshops will be targeted to resettlers with 54 participants at cost of RMB 43700; and three workshops will be for resettlement staff with 25 participants at cost of RMB 39800. The training cost is included in the total resettlement budget. See Table 6.6-1 for details.


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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 Table Table 6.6-1

Project Training Place Training Mode Lecturer Training Object Amount of Person (person) Training Content Amount of

Periods Training

period (day)

Funds arrangement

(RMB Y’0000) 1. Training for Administrator 15 3 4.34

Hunan Province PMO Lecture by Expert

Hunan PMO

Expert

Municipal-level PMO Administrator 1

1.Resettlement Principle and Policy;

2. Resettlement Project PlanningManagement;

3.Resettlement Finance Management;

4.Management Information System;

5. Resettlement Implementation Management, etc.

1 5 1.67

Jishou City PMO Class Provincial

PMO Expert

1. Administrator of Town and Township

PMO 1 The Same with Above 1 3 0.9

2Administrator of Village 11

Domestic Similar Project

Domestic Investment and Study Main Service Personnel of

PMO 2 Resettlement Implementation and Monitoring Management 1 10 1.8

2. Resettlement Production Skill Training 26 3 3.98

Hunan AgriculturalUniversity

Refresher course and entrusting education

Teachers of Agricultural University

Resettlement backbone and resettlement children

1

1.Production technology management;

2.Agricultural technology management;

3. Agricultural production multi-operation

1 Half a year 1.46 Children of resettlers

Township, town PMO Class

Administrator of Municipal Resettlement Office and agricultural

Technology expert

Representative of each Township, Town, and village 25(Female 13) 1.Planting technology training

2. Aquaculture training 2 7 2.52

3. Total 41 6 8.35


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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 city, in order to maintain lawful rights and interests of resettlers and affected work units, reduce complaints and dispute, work out the policies and implementation detailed rules of resettlement and rehabilitation of project, compile resettlement plan, implement the RP and organize works aiming at the restoring income and livelihood for the affected people. 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, prepare work plan, 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 officials and representatives of township, village and group to participate in investigation work, and introduce to them the project necessity, project effect, project influence, compensation principle and resettlement schedule, and consult 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 city, 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 collective planning principle, house-building scheme for resettlement and economic rehabilitation modes should be consistent with


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mass opinions so that programming is in reason and resettlers are satisfied. In the stage of resettlement implementation, more consultation will take place by ways of group discussion and resettlers’ opinion survey, collect resettlers’ information, investigate resettlers’ desire, and further refine resettlement and rehabilitation scheme. 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 Process of Resettlement Planning In the stages of preparation and compilation of Resettlement Plan, all levels of local government and resettlers should take part in the following item of work:

1) From March 2006 to April 2006, the investigation on physical indices of relocation and demolition by land acquisition in the project was conducted by Jishou 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) The resettlement office and design office successively organize and hold consultation meeting participated by all levels of local cadres and all classes of influencing people. Propaganda the all classes of existing policies on resettlement of Country, province and city. Accept and consult widely their opinions on how to decrease project impact, how to resettle the demolition resettlements for land acquisition and compensation standard for all level of affected people. For details, see7.3-2.


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Questionnaire of Public Attitudes toward the Project Table 7.3-1

Time Location Participant Participant Number Discussion Content Final Results

March 2006 Each

resettlement village

The officials of each resettlement village,

design unit, resettlement

representatives

76 (34 female)

Project introduction, affected area and

tentative resettlement

scheme

Support project building, agree with resettlement plan

tentatively.

March 2006

Municipal and county government

meeting room

Planning committee, town government,

design units, planning, country and

resettlers representatives

61 (27 female)

Project introduction, affected area and

tentative resettlement

scheme

Support project building, agree with resettlement plan in

principle

May 2006 Municipal

government meeting

room

Municipal government, design

units, planning, country and resettlers

representatives

84 (53 female)

Solicit project opinions on

compensation, resettlement plan

and land acquisition

Defining every item of compensation

standards, resettlement policies and land acquisition

policies

Policies Disclosure Table 7.3-2

Purpose Content Participation parties When Where

Project impact in social-economy

survey

1. Quantities of various kinds of physical indexes influenced by the

project and land acquisition of project. Survey group

consists of Municipal Project

Office and Resettlement design units

May 2006

Administrative management organ of project area, township

government, village committee, the

affected residential house and

non-residential house

2. Socio-economy condition in the area affected by the project

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.

Municipal government,

Municipal project Office and

affected people

May 2006 Within the project scope

2. Resettlers representative participate in demolition and

resettlement work.

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.

Municipal PMO and Resettlement

Office and demolition household

representative

June 2007 Demolition Location 2. Hold mobilization demolition work meeting, propaganda resettlement plan, compensation standards and answer the relocatee’s question.


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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.

Information Disclosure

Document Disclosure Way Disclosure Date Disclosure Location

Situation introduction of the project (including land

acquisition

1. Hold the meeting 2.Bulletin column

March 2006 Project area

Introduction of the project of land acquisition and removal

1.Resettlement Information Booklet 2.Hold the meeting

June 2007 Project area

November 2006

Disclose the bulletin of resettlement plan

Bulletin column October 2006 Project area

Disclose the report of resettlement plan

1. Bulletin column 2. Published in the newspaper June 2007 Project area

Submission to ADB 1.Municipal Project Office 2.Website June 2007 Municipal PMO

4) During March ~April, 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: ① Know about the project: 97.6% of resettlers know, 2.4% do not know. ② Know about the channel: 90.2% resettlers know through investigators, 9.8% resettlers through

villagers in neighboring village. ③ Supporting attitude: All resettlers support the project. ④ Influencing degree: 71.8% resettlers think the flood control benefit of the project is great, the

negative effect caused by the land requisition and demolition can be reduced by reasonable compensation; 18.5% resettlers think the flood control benefit of the project is great, the negative effect caused by land requisition and demolition is great; 9.7% resettlers think the flood control of the project has no effect on them, the negative effect caused by the land requisition and demolition is to some degree.

⑤ Demolition and resettlement: 28.3% resettlers express that they choose the cash compensation resettlement mode, and they are willing to buy houses by themselves; 71.7% resettlers choose the in-kind rehabilitation through exchange of property, they hope it will be arranged by the government


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unifiedly, and they require that the area of the resettlement house will be the same as that before relocation.

⑥ Economic rehabilitation: 55.6% resettlers require cash compensation, 44.4% resettlers require compensation from adjustment of land.

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 Planning, relative department survey the

resettlement houses rebuilding location and method. According to the surveying results of the resettlers’

opinions, most resettlers would like to adopt the in-kind rehabilitation through exchange of property.

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. Within the stated time, the relocation household could choose the mode of relocation after demolition or demolition after relocation according their willingness. Old materials of the formal houses can be used by removed household.

7.4.2 Participation in Economic Rehabilitation 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 collective of villages and groups, any unit and individual should not withhold and appropriate. After the compensation funds have been given to collective 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


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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 group discussions, more than 40% 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 economic rehabilitation 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.


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7.6 Harmonization with the Residents in Resettlement Area The resettlement demolition of the project is mainly to buy houses by themselves, the resettlers can choose place to buy house where they can adapt the new living environment. 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 Jishou City project Office in oral or written form. After processed by Jishou City resettlement Office, the problems should be submitted to City 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 Small number of resettlers might have concerns on the compensation could not meet rehabilitation needs due to lack clear understanding about national resettlement policies and compensation. Prior to implementation of resettlement project, the design personnel should cooperate with all levels of government and resettlement office, do the technical explanation, 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.


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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 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 to city and can accept appeal case in the way of resettlement;

─ Independent 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 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 office, resettlement monitoring agency, complaint office, administrative supervision, disciplinary inspection and prosecutorial 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 city

and province

Project Office of Hunan province

Discipline departments of

city and province

Office of implementation and management of project resettlement

of Hunan province

People’s letters and visits handling Office of city and

province

Office of implementation and

management of project resettlement of Jishou City

Resettlement monitoring

and evaluation setup

Office of implementation and

management of project resettlement of Development District

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 Jishou 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


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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 Jishou 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 Municipal 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;


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5) Submit the working schedule report to the City PMO in July every year; 6) Every half year report the implementation situation to Provincial PMO at the fixed time, and coordinate

with the departments in charge according to their requirements at any time.

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. As a independent monitoring & evaluation agency, Changsha Xinghuan Water & Electricity Engineering Technology Development Co., Ltd. is composed by a high quality group of people with 38 professionals in various fields, such as resettlement planning, resettlement monitoring & evaluation, resettlement supervising, and so on. They are all experienced in providing resettlement planning and resettlement monitoring and evaluation. The company has been involved in resettlement monitoring and evaluation for a number of the World Bank funded projects, such as Hunan Urban Development Project—Changzhutan (Changsha, Zhuzhou and Xiangtan) Flood Control and Sight Road Project; Changjiang River Embankment Reinforcement Project, and Jiangya Multipurpose Project. The Jishou PMO proposes Changsha Xinghuan Company as the resettlement monitoring & evaluation agency in this project. Changsha Xinghuan Company will establish Jishou subproject monitoring unit to work closely with Jishou 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 Jishou subproject monitoring & evaluation unit with staff (including a chief inspector and 8 working personnel) 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 judge if the objective of the resettlement is achieved by means of providing the evaluation of the resettlement works and checking all the implementation works with an eye of long term. The independent monitoring & evaluation agency shall 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


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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 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.

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


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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) at the fixed time, 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. 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. 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


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


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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 theProvincial and City PMO and ADB.


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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 Municipal 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% enterprises and public institutions in land acquisition and relocation.

4) The time of monitoring report: Submit the monitoring report to the higher level twice at peak period (in July and December per year), and in other years submit it once in July.

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 Jishou 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)

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;


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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 facilities, 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, relocation subsidies and production compensation fee are calculated as RMB 1.9643 million yuan according to various kinds of the acquired land quantities and compensation standards.

2) Project-involved Temporary Land Occupation The temporary land use in this project is 104.95 mu, including 6.26 mu of paddy field, 13.22 mu of shrub forest land, 8.14 mu of dry farmland and 77.33 mu of wasteland to be temporarily occupied. According to the compensation standards for various temporary lands occupation, the temporary compensation fee of this project is calculated as RMB 0.1111 million yuan.

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 and non-residential houses as well as the auxiliary facilities. The compensation fees for the houses and auxiliary buildings are calculated as RMB 12.5076 million yuan according to the project-involved demolition physical material indices and standards for compensation subsidies.

11.2.3 Compensation for Infrastructural Facilities 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. in the centralized resettlement site and scattered resettlement site. The demolition and resettlement is planned to be 835 persons from 231 households. The investment is totally calculated as RMB 1.2525 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 residential subsidies and secondary transportation fee, etc. The investment is totally calculated to be


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RMB 0.501 million yuan, according to the required relocation and removal of 835 persons from 231 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 enterprises in this project merely includes relocation subsidies, up to RMB 220,600 yuan in total.

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 0.143 million yuan, and mainly used for offering various kinds of help or livelihood support fees for the vulnerable group affected by the project.

11.2.7 Resettlement Compensation Investment The resettlement compensation investment of this project is the sum of Item 11.2.1~Item 11.2.7, totally calculated as RMB 16.7029 million yuan. For details, see Table 11.2-1.

Budget for Resettlement Compensation

Investment of Jishou City Urban Flood Control Project Table 11.2-1

Item Sub-item Sub-sub-item Unit Quantity Unit price

(yuan) Investment(in Y’0000) Remarks

I. Land compensation 207.54

(I) Permanent land acquisition 119.41 196.43

1. Cultivated land Mu 30.03 100.67 Paddy field Mu 3.11 25010 7.78 Dry farmland Mu 10 17220 17.22

Commercial vegetable land mu 16.92 44720 75.67

2. Pond Mu 3 24400 7.32

3. Urban construction land Mu 71.42 60.03

Residential land Mu 29.44 Considered in urban houses

Industrial and commercial land Mu 15 40020 60.03

Land for other use Mu 26.98 free transfer

4. Rural housing plot Mu 6.76 21550 14.57

5. Forest land Mu 8.2 13.84 Economic forest Mu 7 17843 12.49 Timber forest Mu 1.2 11285 1.35


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

Table 11.2-1



(II) Temporary land acquisition 11.11

Paddy field Mu 6.26 7099 4.44 Shrub forest Mu 13.22 1374 1.82 Dry farmland Mu 8.14 5959 4.85

II. Compensation for houses and

auxiliary facilities 1250.76

(I) Residential houses 948.46

Urban

residential houses

820.91

Brick concrete m2 17564 446 783.35 Brick wood m2 777 364 28.28 Sundry houses m2 1160 80 9.28

Rural residentialhouses 127.55

Brick concrete m2 3984 317 126.29 Sundry houses m2 210 60 1.26

(II) Non-residential

structures 286.31

Brick concrete m2 5360 384 205.82 Brick wood m2 2339 302 70.64 Earth wood m2 50 254 1.27 Sundry houses m2 1073 80 8.58

(III) Auxiliary facilities 15.99

Cement sunny ground m2 2803 15 4.2

Wall m2 3176 20 6.35 Cement well m3 112 80 0.9 Water well piece 1 200 0.02 Telephone set 66 200 1.32 Air conditioner set 45 200 0.9 CATB household 153 150 2.3

III. Compensationfor infrastructural

facilities 125.25


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

Table 11.2-1



Site leveling, water-drinking

and illumination person 835 1500 125.25

IV. Relocation Transportation

Fee 50.1

1. Material

transportation fee

person 835 100 8.35

2. Livelihood subsidies person 835 100 8.35

3. Temporary housing

subsidies person 835 300 25.05

4. Secondary transportation

fee person 835 100 8.35

V. Compensation for enterprises and institutions

22.06

1. Relocation subsidies and

equipment compensation

m2 8822 25 22.06

VI. Vulnerable group subsidies 14.58

Calculated as 1% of the land acquisition

compensation and compensation for houses

Total 1670.29

11.3 Compensation for Special Facilities The investment for reconstruction and compensation shall be calculated according to the actually affected quantity in this budget.

1) Compensation for traffic facilities: Mainly including compensation fee for the traffic facilities such as standard highways, mechanical farm road and pedestrian bridge, with the investment equivalent to RMB 2.883 million yuan in total.

2) Compensation for power transmission and transformation facilities: Mainly including rebuilding compensation fee for the pole removing and line changing of 10KV high voltage line, 380V low voltage line as well as the relocation and installation fee of the transformation facilities, with the investment equivalent to RMB 0.3203 million yuan in total.

3) Compensation for water conservancy facilities: Including electric pumping station, canals and small


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water hydraulic power station, with the investment equivalent to RMB 0.4348 million yuan. The compensation investment on the above-mentioned special facilities is calculated to be RMB 3.6381 million yuan in total. For details, see Table 11.3-1.

List of Compensation Investment Standards for Special Facilities In Jishou City Urban Flood Control Project

Table 11.3-1

Item Sub-item Unit Compensation

standard (Yuan)

QuantityInvestment

(Y’0000) Remarks

I. Traffic facilities 288.3 Standard highway km 800000 1.2 96 Mechanical farm road km 150000 11.7 175.5 Pedestrian bridge piece 8000 21 16.8

II. Power transmission and transformation facilities

32.03

10KV high voltage line km 50000 1.6 8 380V low voltage line km 27500 7.1 19.53 Transformation facilities piece 3000 15 4.5

III. Water conservancy facilities 43.48 Electric pumping station piece 50000 1 5

Small hydraulic power

station piece 300000 1 30

Canal km 80000 0.31 2.48 Culvert piece 10000 6 6

IV. Total 363.81 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 0.6102 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 0.6102 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 0.3166 million yuan.


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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 83,500 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 0.3051 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 1.9256 million yuan.

11.5 Basic Contingency Fee

The basic contingency fee is calculated to be RMB 2.2267 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 Jishou City in 2005, the

cultivated land area per capita of agricultural population in the project area is 0.65 mu. According to Methods of Hunan Province for Implementing the Cultivated Land Occupancy Tax, for areas where the cultivated land area per capita is 0.5 mu~1 mu, the tax standard for paddy field, dry farmland and garden plot is set at 4~8 yuan/ m2, 4 yuan/m2 is adopted here; and for those occupy special vegetable land in the urban suburb, fine fishing pond or other non-agricultural construction, the tax standard for every square meter adopts 10 yuan. The cultivated land occupancy tax is totally calculated to be RMB 0.1479 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, Jishou City belongs to Grade III District, and the cultivation fee standard for cultivated land is: RMB 10,000 yuan/mu for paddy field and vegetable land, and RMB 6,000 yuan/mu for dry farmland. And according to the Notice on Relevant Problems for Hydraulic and Hydropower Construction Land (GTZF[2001] No. 355), the land acquisition concerning flood control and water supply (containing irrigation) can be charged by 70% of the lower limit of cultivation fee for cultivated land based on the stipulations of Provincial Government, accordingly, the cultivation fee standard for cultivated land is: RMB 7,000 yuan/mu for paddy field and vegetable land, and RMB 4,200 yuan/mu for dry farmland. The cultivation fee for cultivated land in this project is calculated to be RMB 63,800 yuan in total.

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


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Implementation Methods for Expropriation, Utilization and Administration of Forest Vegetation Recovery Fee XCZ(2003) No. 10 Document, the recovery fee standard for economic forest land and timber forest are set at RMB 6 yuan/m2. So the forest vegetation recovery fee of this project is totally calculated to be RMB 32,800 yuan. The above-mentioned relevant tax is calculated to be RMB 0.2445 million yuan in total. See Table 11.6-1 for details.

Calculation Statement for Relevant Tax of

Land Acquisition in Jishou City Urban Flood Control Project

Table 11.6-1

Item Unit Unit price

(yuan) Quantity Amount (Y’0000) Remarks

I. Cultivated land occupancy tax 14.79

1. Paddy field m2 4 2074.37 0.83

2. Dry farmland m2 4 6670 2.67

3. Commercial vegetable land m2 10 11285.64 11.29

II. Cultivation fee for cultivated land 6.38 Grade III region

1. Paddy field mu 7000 3.11 2.18

2. Dry farmland mu 4200 10 4.2

III. Forest vegetation recovery fee 3.28

1. Economic forest land m2 6 4669 2.8

2. Timber forest m2 6 800.4 0.48

Total 24.45 11.7 Total Budget

The total budget of compensation investment on land acquisition, demolition and resettlement in this project is RMB 24.7378 million yuan (the total investment excluding the relevant tax is RMB 24.4933 million yuan) and will be entirely listed into the total budget of the project and undertaken by Jishou City PMO. For details of total resettlement budget, see Table 11.7-1.


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Total Resettlement Budget in Jishou City Urban Flood Control Project

Table 11.7-1

Item Sub-item Investment total

(Y’0000) Remarks

I. Resettlement compensation fee

1670.29

1. Land compensation 207.54

2. Compensation for houses and auxiliary

facilities 1250.76

3. Compensation for infrastructural facilities 125.25 4. Relocation transportation fee 50.1 5. Compensation for enterprises and institutions 22.06 6. Subsidies for vulnerable group 14.58

II. Compensation for specialfacilities

363.81

1. Compensation for traffic facilities 288.3

2. Compensation for power transmission and

transformation facilities 32.03

3. Compensation for post facilities

4. Compensation for water conservancy

facilities 43.48

III. Other costs 192.56

1. Cost for survey, design and scientific

research 61.02

3% of the sum of Item I and II

2. Implementation Management cost 61.02 3% of the sum of Item I

and II 3. Implementation agency initiation cost 31.66 4. Technical training cost 8.35 0.5% of Item I

5. M & E cost 30.51 1.5% of the sum of Item

I and II

IV. Basic contingency cost 222.67 10% of the sum of Item

I to III V. Total investment

(excluding tax) 2449.33

VI. Relevant tax 24.45 1. Cultivated land occupancy tax 14.79 2. Cultivation fee for cultivated land 6.38 3. Forest vegetation recovery fee 3.28

VII. Total investment (including tax)

2473.78

11.8 Fund Flow The compensation fund shall be paid and used according to the compensation policies and standards


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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. The Jishou City PMO and City Project Resettlement Office will sign the Investment Contract Agreement

for Resettlement Tasks in Jishou City Urban Flood Control Project, and will pay the City Resettlement Office in batches through the bank according to the compensation fee stipulated in the agreement and the implementation process of resettlement, after which the City Resettlement Office will allocate the funds by sorts based on the construction items:

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 Municipal 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 collective. Then the rural collective 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 Municipal Project RO.

3) Non-residential Houses: City Project RO will sign agreements with the resettlers on the contents of compensation standard, resettlement mode and demolition time limit, etc. The compensation fund is appropriated directly to the resettlers by Municipal Project RO.

4) Compensation Fee for Public Infrastructural Facilities: City Project RO will 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: City Project RO will sign Agreement of Compensation for Rehabilitation and Rebuilding of Special Facilities with each special department. Compensation investment on rehabilitation and rebuilding of the special facilities is paid to each special department in charge by City


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Project RO via the bank. For details of resettlement compensation fund flow of this project, see Fig. 11.9-1.

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) ROs to the relevant units and individuals;

2) The land acquisition fees will be paid by County (District) ROs 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) ROs 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 houses building;

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) ROs, LAB, and town (township) 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 County (District) ROs. 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 yearly investment plan of each resettlement compensation fee is worked out on the basis of


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resettlement progress arrangement. The annual fund use plan is arranged as follows: for the first year, RMB 5.6575 million yuan, accounting for 22.87% of the total investment; for the second year, RMB 7.6316 million yuan, accounting for 30.85% of total investment; for the third year, RMB 7.4941 million yuan, accounting for 30.29% of total investment, for the fourth year, RMB 3.747 million yuan, accounting for 15.15% of total investment, and for the fifth year, RMB 0.2076 million yuan, accounting for 0.84% of total investment. For details of yearly fund use plan, see Table 11.9-1.

Phased Investment Plan Statement

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

1670.29 437.49 357.82 583.32 291.66

1. Land

Compensation 207.54 62.26 20.75 83.02 41.51

2. Compensation for Houses and

Auxiliary Facilities1250.76 375.23 125.08 500.3 250.15

3. Compensation for Infrastructural

Facilities 125.25 125.25

4. Relocation

Transportation Fee

50.1 50.1

5. Compensation

for enterprises and institutions

22.06 22.06

6. Subsidies for

Vulnerable Group 14.58 14.58

II. Compensation for Special Facilities

363.81 363.81

1. Compensation

for Traffic Facilities

288.3 288.3

2. Compensation

for Power Facilities

32.03 32.03

3. Compensation for Water

Conservancy Facilities

.48 .48

III. Other Costs 192.56 48.14 19.26 77.02 38.51 9.63


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Phased Investment Plan Statement

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)



1. Cost for Survey, Design and Scientific

Research

61.02 15.26 6.1 24.41 12.2 3.05

2. Implementation

Management Cost

61.02 15.26 6.1 24.41 12.2 3.05

3. ImplementationAgency Initiation

Cost 31.66 7.92 3.17 12.66 6.33 1.58

4. Technical Training Cost

8.35 2.09 0.84 3.34 1.67 0.42

5. M & E Cost 30.51 7.63 3.05 12.2 6.1 1.53 IV. Basic Contingency

Cost 222.67 55.67 22.27 89.07 44.53 11.13

V. Total investment (excluding tax)

2449.33 541.3 763.16 749.41 374.7 20.76

VI. Relevant Tax 24.45 24.45

1. Cultivated

Land Occupancy Tax

14.79 14.79

2. Cultivation Fee

of Cultivated Land

6.38 6.38

3. Forest

Vegetation Recovery Fee

3.28 3.28

VII. Total investment (including tax)

2473.78 565.75 763.16 749.41 374.7 20.76


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Comp

ensa

tion F

ee fo

r Res

ettlem

ent

Land compensation fee City PMO

City Project RO

Township (Management) RO Villager committee or villager’s group

Resettlement subsidies City PMO

City Project RO

Township (Management) RO Villager committee or villager’s group

Compensation fee for young

crops City PMO

City Project RO

Township (Management) RO

Villager committee

Resettler household

Compensation fee for residential

houses and auxiliary facilities City PMO

City Project RO


Relocated household

Relocation subsidies City PMO

City Project RO Township (Management) RO

Relocated household or relevant unit Compensation fee for tombs City PMO

City Project RO

Township (Management) RO Owner

Compensation for infrastructural

facilities City PMO

City Project RO Construction unit

Non-residential production and

business shutdown loss fee City PMO

City Project RO Resettler

Non-residential relocation

subsidies City PMO

City Project RO Resettler

Compensation fee for special

facilities City PMO

City Project RO

Department in charge of special facilities

Construction unit

Subsidies for vulnerable group City PMO

City Project RO


Vulnerable group

Planning and design cost City PMO

Resettlement design unit M & E cost City PMO

M & E unit Technical training cost City PMO

Technical training unit Implementation management cost City PMO

Resettlement implementation organs at various levels

Chart 11.9-1 Resettlement Compensation Funds Flow Chart in Jishou City Urban Flood Control Project


174

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 Resettlement Implementation Progress Plan

The total time limit is 5 years, and the mode of constructing and completing by circles and sections will be followed: the protection circle at the left and right bank of Minkangchongxi River, with a length of 6.162km, will be arranged during October of the first year~ September of the second year; rebuilding works of three dams and the flood diverging canal of 2.25 km will be arranged during October of the


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second year~ September of the third year; the protection circle at the left and right bank of Tonghe River, with a length of 0.913 km, will be arranged during October of the third year ~ September of the fourth year; the protection circle at the left and right bank of Wenxi River, with a length of 5.543 km, will be arranged during October of the fourth year ~ September of the fifth year; and the sluice rebuilding and waterway dredging will be arranged during October of the fifth year ~ September of the sixth year.

12.2.2 Resettlement Implementation Schedules According to construction design and organization, land acquisition and resettlement should be completed in 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) Resettlement Plan is prepared and submitted to ADB in June 2007; 2) Determine the external monitoring and evaluation agency in August of 2007, and sign compensation

agreements with affected parties in September 2007; 3) Land acquisition, relocation and rehabilitation program for different sections of embankments from

September 2007 to January 2009; 4) Restoration of affected infrastructures for different sections of embankments from September 2007

to April 2008; 5) Resettlement job training and resettlement staff training program from August 2007 and August

2008; 6) Preparation and submission of internal and external resettlement monitoring and evaluation reports

in July and December every year; 7) The acceptance of resettlement works will be carried out in April 2009; and resettlement completion

report will be carried out in May 2009. Detailed implementation schedule is shown in the Table below:


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

Detail Impact Survey

Consultation with APs

Resettlement Plan Preparation

Distribute RIB

RP Approval by LPMO

Submit to ADB

Capacity Building Efforts

Selection of M&E Agency

Sign Compensation Contracts

Relocation Plan (Disburse funds, site leveling,house construction)

Rehabilitation Plan (Disburse funds, land andnon-land based rehabilitations)

Infrastructures Restoration

Resettlement Training Program

Implementation of M&E

Resettlement work acceptance

Resettlement Completion Report

Table 12.2.2-1 Implementation Schedule for Land Acquisition and Resettlement of Jishou City Urban Flood Control Project

Activities2006 2007 2008 2009


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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 city 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 groundless. 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 Jishou 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 2-year occurrence to 20-year occurrence; and the waterlogging control will be enhanced from the current 2-year occurrence to 10-year occurrence. That can greatly reduce the urban flood control burden of Jishou City and benefit the normal social development. The main engineering measures involved in land acquisition and relocation of Jishou 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 range of the project land acquisition and relocation. The final land acquisition and relocation range may be partially adjusted with the deepening of the designed depth. 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 land acquisition will affect only 32 villager’s groups in 15 villages (residential committees). In which, there are various project land acquisition of 119.41 mu (including 30.03 mu of cultivated land, comprising 25.15%); temporarily occupied land of 104.95 mu (including paddy field of 6.26 mu, dry farmland of 8.14 mu, shrub forest land of 13.22 mu, and wasteland of 77.33 mu); project relocated residential and non-residential houses of 32,517 m2 (including brick concrete structure of 22,325 m2, occupying 82.75%; brick wood structure of 3,116 m2, occupying 9.58%; earth wood structure of 50 m2, occupying 0.15%; and sundry houses of 2,443 m2, occupying 7.52%). The number of resettlement families affected by relocation is 234 households with 835 people.


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

6) 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)

7) 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.)

8) Methods of Hunan Province for Implementing and Administrating the Collection of Forest Recovery Fee (XCZ(2003) No. 10)

9) Notice by General Office of Hunan Provincial People’s Government on Issuance of Standard for Annual Production Output of Acquired Land in Hunan Province (XZBF No.[2005] 47)

10) Resettlement Policy by ADB: Resettlement Handbook—Feasible Practice Guide


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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.

4) 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


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1) For all non-residential structures, the basic rehabilitation strategy is the cash compensation. The compensation should follow the compensation standards for urban housing structures at replacement value without depreciation.

2) Moving allowance for non-residential structures under enterprises 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 normal 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 “Jishou 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 Jishou 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


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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. The remaining land compensation will be used by village group collectively.

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 adequate compensation.

4.3.4.3: Temporary Land Occupation 1) Compensation for temporary land occupation include compensation for green crop, compensation

for land occupation, and compensation for land restoration. The length of temporary land occupation will be 2 years, If the 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.

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 city’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

For the land acquisition affection, the economic rehabilitation will be processed on the basis of the


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rehabilitation schemes in the village area such as land adjustment, or the compensation fee can be directly paid to the affected individuals for development of green vegetable and living stock breeding. For the relocated families, they will get resettlement of concentrated property exchange together with cash compensation.

5. Responsible Institution for Resettlement To ensure the successful and effective implementation of the resettlement plan, institution net-work will be set in government of various grades to benefit for being responsible for planning, coordinating, implementing and monitoring the resettlement activities. The institutions set or involved in the land acquisition and relocation of this project are: 1) City Project Resettlement Leading Group 2) City 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 ① 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 city and province of the resettlers.

② The resettlement management institutions which are set up according to the laws, have the grade-to-grade authority, from the province to city, to supervise the subordinate for whether processing the resettlement according to the laws; can process the appeal affairs of the resettlement.

③ Independent Resettlement M&E Institution supervises the resettlement implementation according to the relative national regulations and is responsible for protecting the legal right and benefit of the resettlers; and can process and reflect to the relevant department the appeal problems of right injuria for the resettlers;


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④ Jural departments of administration supervision, audit, disciplinary inspection, judicial administration, inspection are established in various grades of State, province, and city. 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 solution, 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.


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