Hunan Flood Management Sector Project: Zhongfang County

Resettlement Plan

January 2014

PRC: Hunan Flood Management Sector Project

Resettlement Plan and Due Diligence Report for Zhongfang County (Non-Core Subproject)

Prepared by Hunan Hydro and Power Design Institute for the Hunan Provincial Project Management Office (PMO) of Urban Flood Control Project in Hilly Region Utilizing ADB Loans, Zhongfang County PMO of Urban Flood Control Project Utilizing ADB Loans, and the Asian Development Bank.

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

Hunan Province Zhongfang County

Urban Flood Control Project Utilizing ADB Loans

Resettlement Plan and Due Diligence Report (Final version)

Hunan Provincial PMO of Urban Flood Control Project in Hilly Region Utilizing ADB Loans Zhongfang County PMO of Urban Flood Control Project Utilizing ADB Loans Hunan Province Hydraulic and Hydropower Design Institute Jan, 2014

Approved by : Xiao Wenhui

Ratified by: Zhang Kejian

Examined by: Xie Dahu

Checked by: Tan Lu

Compiled by: Zhao Gengqiang

Main Designers: Ouyang Xiongbiao Guan Yaohui Fan Jianyang Cai Yi Jin Hongli Liu Hongyan Teng Yan Zhou Kai

Updated Info In TA phase of this Project, Resettlement Plan of Urban Flood Control Project for Zhongfang County (hereinafter as Original Plan) was compiled based on the Feasibility Study Report of the Project according to requirements of ADB’s Security Policy. In June, 2006, a joint investigation team made up of Hunan Hydro & Power Design Institute, Zhongfang Water Resources Bureau and local governments carried out comprehensive investigation on Project impacts. In Dec. 2013, with the supports from project-affected county governments, town governments, villages, resettlers and design units, Zhongfang Water Resources Bureau completed recheck on project impacts, as well investigation and study on the Project compensation policies and standards, and resettlement scheme, etc. In Jan. 2014, Hunan Hydro & Power Design Institute updated the original plan according to construction drawings and resettlement implementation of the Project. This updates includes resettler’s quantity, compensation and resettlement policies, socioeconomic status, Resettlement Costs, resettlement plan, etc., which involves all sections of original plans. Details refer to Table A. Table A Updates of the Project Resettlement Plan

Updated No. Orignal Plan Updated Plan Remark Contents

Scope of land Acquisition of various lands Acquisition of various 1 acquisition and for 194.43 mu lands for 242.43mu impacts

Affected Affecting 357 persons in Affecting 357 persons 2 Resettlers 103 households in 103 households

Compensation Dry land 15,593 Yuan/mu, Dry land 25,834 Standard on 3 Paddy field 22,646 Yuan/mu, Paddy field Land Yuan/mu 40,237 Yuan/mu Acquisition

4 Funding Budget 5.869 million Yuan 9.4129 million Yuan

Implementation Aug., 2007 to June, 5 Schedule of Aug., 2007 to June, 2009 2008 Resettlement

Contents

Executive Summary ...... 1 A. Status of Resettlement Plan ...... 1 B. Scope of Land Acquisition and Resettlement ...... 1 C. Policy Framework and Entitlements ...... 2 D. Resettlement Strategy ...... 2 E. Institutional Arrangements ...... 3 F. Vulnerable Group ...... 4 G. Consultation and Grievance Redress ...... 4 H. Monitoring and Reporting ...... 5 I. Finance and Implementation Schedule ...... 6 1. General Description of Project ...... 7 1.1 Project Background ...... 7 1.2 General Situation of Project ...... 10 1.3 Affected Scope of Project ...... 12 1.4 Compilation of Resettlement Plan ...... 13 2. Project Impacts ...... 16 2.1 Measures for Avoiding or Reducing to the Minimum the Land Acquisition and Relocation Impacts ...... 16 2.2 Investigation on Project Impacts ...... 20 2.3 Investigation Results on Project Impacts ...... 21 2.4 Impact Analysis of Project ...... 28 3. Natural and Socio-Economic Conditions of the Project-Affected Areas ...... 30 3.1 Natural Conditions of the Project-Affected Areas ...... 30 3.2 Socio-Economic Conditions in the Affected Areas of Project ...... 32 3.3 Socio-Economic Conditions of Townships (Sub-districts) and Villages in the Affected Areas of the Project ...... 38 3.4 Basic Conditions of Relocatees ...... 42 3.5 Social and Economic Effects for Resettlement to the Affected Population ...... 47 4. Legal Framework and Policy ...... 49 4.1Main Chinese Laws & Regulations and Policies for Resettlement ...... 49 4.2 Relevant Articles of the ADB ...... 66 4.3 Compensation Standards for Project ...... 67 4.4 Table of Entitlement Matrix ...... 75 5. Resettlement and Rehabilitation Measures ...... 78 5.1 Resettlement and Rehabilitation Objectives ...... 78 5.2 General Scheme for Resettlement ...... 79 5.3 Living Rehabilitation of the Resettlers ...... 79 5.4 Assistance to Affected Women ...... 86 5.5 Vulnerable Groups Resettlement and Rehabilitation ...... 87 5.6 Social Security System for Land-lost Farmers ...... 88 6. Institution and Responsibilities ...... 89

6.1 Institution Engaging in the Resettlement Planning ...... 89 6.2 Institutions and Responsibilities of Resettlement Implementation Management ...... 89 6.3 Supervision Institutions ...... 94 6.4 Resettlement Management System ...... 95 6.5 Personnel and Facilities of Resettlement Institution ...... 95 6.6 Training Plan ...... 97 6.7 Measures for Institution Consummating ...... 99 7. Public Participation and Harmonization with Residents in Resettlement Area 101 7.1 Public Participation Strategies ...... 101 7.2 Approaches and Measures of Public Participation ...... 101 7.3 Public Participation in the Process of Preparation of Resettlement Planning Reports ...... 102 7.4 Public Participation and Plan in Implementation of Resettlement Plan ...... 106 7.5 Women Participation ...... 106 7.6 Harmonization with the Residents in Resettlement Area ...... 107 8. Appeal Procedure ...... 107 8.1 Possible Complaint and Problems Solving Methods ...... 107 8.2 Appeal Channel and Procedure ...... 109 9. Environment Protection and Management ...... 112 9.1 The Necessity of Environment Protection ...... 112 9.2 Liquidation of Relocation ...... 112 9.3 The Environment Management of the Resettlement Area ...... 113 10. Monitoring and Evaluation ...... 114 10.1 Internal Monitoring ...... 114 10.2 External Monitoring ...... 115 10.3 The Evaluation of Resettlement ...... 120 11. Resettlement Cost ...... 121 11.1 Compilation Reference and Principle ...... 121 11.2 Resettlement Compensation Fee ...... 122 11.2.3 Resettlement Compensation Investment ...... 122 11.3 Other Costs ...... 122 11.4 Basic Contingency Fee ...... 125 11.5 Relevant Tax ...... 125 11.6 Total Budget ...... 126 11.7 Annual Fund Use ...... 127 11.8 Fund Flow ...... 128 11.9 Fund Management and Audit ...... 130 12. Resettlement Progress Arrangement ...... 133 12.1 Principles of Resettlement Progress Arrangement ...... 133 12.2 Progress ...... 133 Appendix 1: Resettlement Information Booklet (have issued to Aps) ...... 136 Appendix 2 Due Diligence report ...... 148

iii

Executive Summary

A. Status of Resettlement Plan 1. Hunan Province Zhongfang County Urban Flood Control Project financed the following items: 1) newly-built dikes and waterway treatment of 5.4564km (including muddy waterway treatment of 0.864km, Wanjia flood control dikes of 0.8988km and Maolixinan dikes of 0.8226km of Maoli) 2) 2 newly-built culvert sluices (which respectively are Yuxing and Jingping ferry traffic sluices) and 1 newly-built flood diverging canal with a total length of 2.5km. 3) To construct flood protection command system and allocate necessary managing facilities. The resettlement plan includes all the above parts. The resettlement demolition mainly exists in the two parts ahead and all the project impacts and resettlement measures are based on the preliminary design and a detailed survey. All the indexes, resettlement modes and compensation standards have been reviewed and endorsed by Zhongfang County People’s Government. 2. The project executing agency for the Hunan Flood Control Project is the Key Project Office of Hunan Province Water Resources Department (HPWR). For the proposed Zhongfang Urban Control Subproject, the Local Project Management Office (LPMO) in Zhongfang Water Resources Bureau is the project implementation agency. This resettlement plan has been compiled 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. Zhongfang Urban flood control Subproject affects 5 villager’s groups in Jingping village of Zhongfang town. According to implementing results, permanent land acquisition is 242.43 mu because of implementing of the Subproject. Thereinto, national land of 48mu and collective land of 194.43mu are included. The collective land affects 5 villager’s groups of 1 village: acquisition of paddy field of 92.76 mu, dry land of 52.66mu, commercial vegetable plot of 3.8mu, garden plot of 24.6mu and unused land of 20.61mu. According to per capita farmland in affected villages, overall 357 persons in 103 households are impacted by Zhongfang County Subproject without affecting removed and resettled household, enterprises & public institution, or individual business. Overall the undemolished household for land acquisition (including 30 persons in 14 households affected by temporary land-use).

Among person affected by land acquisition, there are 117 agricultural persons necessary for productive relocation. 4. The project won’t result in the demolition of houses. 5. There are no other assets affected.

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 Zhongfang PMO will ensure that any people losing land, housing, other assets or income source are 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 Y22,646 per mu for irrigated farmland; Y15,593 per mu for dry farmland, Y39,155 per mu for commercial vegetable plot, Y20,070 per mu for garden plot, Y2,745 per mu for waste land. Those people losing land temporarily during construction received a payment equivalent to production value foregone for the period of loss, which is expected to be 2 years. The land used temporarily is restored by the construction unit to the original condition. 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 adjustment of the preliminary design and research has resulted in saving of RMB 32.134 million yuan investment. For those unavoidably affected, the resettlement strategy is to replace losses of housing, land, other assets, infrastructure and income. 8. The project permanently acquires 149.22mu farmlands. Among all affected persons, 89 households and 327 persons are affected by permanent land acquisition, averaging only 0.03 ha per person, accounting for 34.05% of their current farmland.

About third fourths of acquired land are farmland and most of them are low yield farmland and affected by frequent floods. However, for these impacts have been widely dispersed in the villagers of 5 villagers’ groups, the actual loss is not serious, on average 1.68mu per household. For the affected villagers’ groups, the land occupation in most villages and villagers’ groups is relatively high (among the affected 5 villagers’ groups, the land occupation is less than twenty percent, and the least remaining farmland is 0.97mu/person), and the impacts resulted from the land loss can be mitigated by land adjustment or with appropriate compensation. After negotiated with each affected villagers’ group and individuals, a detailed economic rehabilitation plan is issued to the villagers’ groups suffered with medium impacts, which has been listed into the Resettlement Plan. According to the Resettlement Plan, all affected people re-obtains land by land adjustment within the villages belonged to make sure all the villagers of the sufficient incomes source. Those villages with land adjustment shall improve the plantation conditions and develop economic crops or carry out various non-plantation activities with compensation funds. 9. Zhongfang PMO will ensure that the resettlement entitlements are provided to the people affected prior to the ground leveling commencement. Land compensation and resettlement subsidy will be paid to the affected village collectives or individuals. The compensation for young crops will be provided directly to people losing those assets. 10. The contractors for the project are requested by the Key Project Management Office under HPWR and Zhongfang PMO to give priority to resettlement affected households in the allocation of unskilled jobs during construction. This has been 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 provides the 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 Zhongfang Subproject, Zhongfang County People’s Government will set up Zhongfang County project leading group in order to reinforce the management of the project implementation, coordinate working relationships among relevant townships and towns, and ensure successful implementation of the resettlement program. Under the county project leading group, Zhongfang County 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 assistance of concerned townships and villages, the resettlement management office is responsible for consulting with APs, delivering the entitlements, supervising resettlement implementation and conducting resettlement monitoring and evaluation.

F. Vulnerable Group 12. Based on the investigation, the minority population is not affected by the project. 13. Of the total affected people, there is no vulnerable person, however, the PMO makes a further analysis and comparison to determine the vulnerable group on the basis of the family structure, employment of labor forces and occupation of household resources as well as the documents grasped by the local government. Once the vulnerable group is determined, the vulnerable group will receive the following additional assistance in the implementation of the resettlement plan. For this purpose, The Key Project Management Office under HPWR and Zhongfang 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 Administration Law of 1998 requires disclosure and consultation with people affected. The people affected have been notified about the key elements of the RP during meetings and interviews. Prior to implementation, further consultations are arranged by township and village officials to discuss specific impacts in each village and how they will be addressed. The people losing housing are offered a choice of housing sites; and those losing agricultural land 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 August 2007, several months prior to resettlement implementation, a resettlement information booklet was distributed to all affected townships, villages and households by the resettlement office of Zhongfang County. The information booklet contains the resettlement scope, expected timeframe, compensation rates for land and other assets, other assistance to replace assets, relocation and economic rehabilitation strategies, and the grievance redress mechanisms. The county, township and village officials ensure that any concerns raised by the people affected are quickly addressed. 16. In case of grievance, people affected submit their oral or written complaint first to the Villager’s Committee or the township resettlement office. If their complaint is not settled in ten days, they can seek redress at the county resettlement office, within one month. If still unresolved within one month, the PRO of HPWR tries to achieve a solution. The final redress would be sought, if necessary, in the civil courts, in accordance with the Civil Procedures Act. 17. If people affected are still unsatisfied with addressed results and suffered with damages on account of failure to abide by ADB’s policies, they can complain to ADB’s Special Coordinator Office or Compliance Office according to ADB’s accountability mechanism.

H. Monitoring and Reporting 18. The detailed plan for internal and external monitoring and evaluation is included in the RP. The LPMO of Zhongfang Water Resources Bureau engages a qualified monitoring agency to carry out independent resettlement monitoring and evaluation. The independent monitoring agency ascertains 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 also conducts 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.

19. Under the leadership of the Key Project Management Office under HPWR, Zhongfang Subproject PMO sets up a quarterly reporting system and reports to PPMO on the progress of land acquisition and resettlement through resettlement progress reports. The Key Project Management Office under HPWR provides 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 prepares a resettlement completion report, which will be submitted to ADB through PPMO.

I. Finance and Implementation Schedule 20. The resettlement cost is RMB 9.4129 million yuan, for all costs including compensation, resettlement subsidy, and payments for other assets such as housing, moving allowances, subsidy for vulnerable groups, fees for resettlement administration, and monitoring and evaluation. The LPMO under CCWR guarantees to supplement the Resettlement Cost, as may prove necessary, to meet any shortfall which emerges in achieving the resettlement objectives. 21. The resettlement schedule has been prepared by EA according to the project construction schedule approved by the ADB. From October 2007 to December 31st, 2012, implementation of land acquisition completed.

1. General Description of Project

1.1 Project Background Hunan Province is located on the south bank of middle reaches of Changjiang River, bordering Jiangxi Province on the east, neighboring the Wuling Mountains on the south, connecting Guangdong Province and Guangxi Province, and close to the Guizhou Province and Chongqing City with the unbroken mountains in Guizhou and Chongqing areas. Changjiang River separates Hunan Province and Hubei Province on the north, and nearly 70% cities of Hunan Province are located in mountainous areas or hilly areas. These cities lie in the areas with relatively high ground elevation, and the landform varies greatly. These areas are subject to the flash flood though they are affected little by the Dongting Lake and the propping of tail water level of the four rivers. Because the river level in mountainous areas rises sharply and abruptly with great flow velocity, the cities along the river are always destructively damaged. In November of 1999, Hunan Province Hydro and Power Design Institute worked out the report on urban flood-control planning in Hunan Province according to Flood-control Planning Outline for Changjiang River Drainage Area and Compilation Outline for Urban Flood-control Planning (Ministry of Water Resources [1998] No.215 Document). This report covers 91 cities, plans for the 18.3 million urban populations, and 2253km2 urban areas. The embankment-construction-oriented project plan is determined in the report, and the existing embankments to be heightened and reinforced are 1037.16km in total, and the would-be-built embankments total 600.53km. Only the cities of above-county-level and once seriously damaged by the flood in the mountainous areas in Hunan Province will be covered by this urban flood-control project in this time. They shall be the economy developed area, such as Xiangtan, Zhuzhou, and Hengyang, which are all the very important industrial cities, boasting the various industries of machinery, electricity, metallurgy, chemicals, building materials, paper making, mining, medicament, and foodstuff. And, of the local areas these cities shall be the financial, communications, and business centers as well as the science and education centers, where the municipal or county government is located, and moreover the distributing

center of agricultural produce, industrial product, and commodities. Their economic status is very important. These cities are the main centers of the economic development of those areas with dense population, and are clustered with properties. If these cities are submerged or suffered great losses, the economic development of local areas will be seriously affected. In addition, the manpower and material resources are abundant in these cities; it is the main rear base for flood-control and providing disaster relief. The submergence of these cities will bring the disaster relief and rehabilitation into a passive situation. In years, the government at every level in Hunan Province and the local masses took great pains and sacrificed a lot for fighting the floods in these cities, and enormous achievements were achieved. According to statistics, in the 36 urban areas undertaking the project, total 286.628 km long flood-control embankments, and 141 drainage sluices, and 124 drainage pump stations of 15648kw have been built. Because the flood-control works is improving slowly, the present urban flood-control standards of these cities are low, which are only for the 4-year-occurrence ~ 20-year-occurrence floods, and their waterlogging drainage abilities are only for floods between 3-year-occurrence ~ 8-year-occurrence, and only a few cities are in the fortified status, while most cities are undefended or incompletely defended. At present, the urban flood-control standard in project area is low. The flood disasters hit there in successive years. According to historical record, great floods occurred in 1980,1981,1983, and 1988 after the frightful flood cataclysms in 1954 and 1955. The losses caused by flood and waterlogging rose year after year. In 1990s, flood disasters frequently happened, and the losses due to the flood disaster rose sharply. In 1991, 1994, 1995, 1996, 1998, and 1999, large floods and waterlogging disasters happened successively, which caused great losses. Many cities were submerged wholly or partly, and nearly all cities are damaged by flood and waterlogging to various degrees. In 1991, the losses caused by flood disaster amount to 760 million yuan; in 1993, the losses caused by flood disaster amount to 1870 million yuan; in 1994, the losses caused by flood disaster amount to 3090 million yuan; and the great floods in 1995,1996 and 1998 each caused over 5000 million yuan losses, reaching 5610 million yuan, 10900 million yuan and 5973 million yuan respectively.

Such enormous losses caused by flood and waterlogging disasters have seriously hindered the life and property of people in urban areas. Therefore, the construction progress and urban flood-control project strengthening shall be speeded up and beefed up to 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. Zhongfang County is a newly-born county with Wushui, Fangxi, Zhuoshui rivers and Maoli, Yanxi, Dongnian, Zengjia,Laowu and Chaojia brooks flowing through and Fangxi, Xiaoxi, Wuxi, Songbeixi and Xinwanxi reservoirs distributed in the surroundings. Wushui river section basically has no dikes built, the river water can be blocked only by natural banks. The Maoli brook, after straightened and reconstructed, has laid stones at two banks to protect banks, accordingly, the flood control standard is against 1 in 3~5-year return flood. Additionally, the Jingshanyuan section of Zhuoshui brook and the eastern part of 209 national road at Dongnian brook have ditches built to drain waterlog, accordingly, the waterlogging drainage standard is against 1 in 10-year return flood. The other brooks are in natural state and without dikes built, so their flood control and waterlogging drainage capabilities are quite poor, and readily burst out floods and waterlog. In March 1999, Hunan Huaihua City Hydraulic and Hydropower Design Institute compiled Zhongfang County Urban Flood Control Planning Report, which was, after reviewed by the experts group of Hunan Hydraulic and Hydropower Dept., replied in XSDFZ [1999] No.33 document on May 4 of the same year. The comments are as follows: it’s agreed that the urban area is the flood control scope, and divided into Maolixibei, Maolixinan and Wushuihexi protective circles; the flood control planning year is 2010 in near term and 2020 year in remote term; the flood control standards are the 1 in 20-year return flood for the main urban area and 1 in 10-year return flood for general urban areas in near term, and 1 in 50-year return flood for the main urban area and 1 in 20-year return flood for general urban areas in remote term; the waterlogging treatment standards are the evacuation of the 1 in 10-year return flood one day rainstorms till the

inner controlled water level within 24 hours for the main urban area, and the 1 in 10-year return flood three days rainstorms till the inner controlled water level within 3 days for general urban areas.

1.2 General Situation of Project 1.2.1 Areal Geography Location Zhongfang County Seat lies at the narrow and long belt between Yazuiyan and Zhongfang Town in north-south strip pattern. It is situated in the south part of Huaihua City, the north of Zhongfang County, about 15km away from the centre of Huaihua City. It is at the east longitude of 109°52′～110°11′ and north latitude of 27°10′～27°22′ with a planned area totaling 30.92Km2. The near-term (2005) planned scope is: starting from Yazuiyan township in the north and ending at Maotian village in the south, starting from Wushui river in the west and ending at Zhi-liu railway in the east, with an area of 17.8Km2, and the remote term (2020) planned scope is: starting from Sanjiaotan electric drainage station in the north and ending at Maotianzhou in the south, starting from Niuyu in the west and ending at Wushui river in the east, with an area of 30.92Km2. The topography is higher in east and west and lower in the middle, and the landform involves basin, hillock and mountain. The middle part is flat and open, with altitude of 230m, relative altitude of 15m and gradient of less than 15%. The planned area is in north-south strike and a narrow and long shape with length of 8.0km and width of 4.0km. See attached drawing 1 for the Schematic Drawing of Geographic Position of Zhongfang County Urban Flood-control Project. 1.2.2 Contents and Scale of Project Construction Zhongfang County Urban Flood-control Project is a sub-project of hilly area urban flood-control project in Hunan Province utilizing the loans from ADB. It includes the flood control and waterlogging harnessing projects, and the main project scale is as follows: 1) newly-built flood control embankment and waterway treatment of 5.456km, including: ①Maolixibei protective block: turbid water waterway treatment of 0.864km; Gangjia flood control dike of 0.8988km; 1.7628km in total.②Maolixinan protective block: flood control dike of 0.8226km; 0.8226km in total.③ Hexi protective block: Jingping flood

control dike with a length of 2.871km. 2) 2 newly-built sluices: Yuxing and Jingping ferry traffic sluices; 3) 1 newly-built flood diverging canal with a length of 2,5km. 1.2.3 Project Investment Estimation and Planned Progress According to the Feasibility Study Report on Hunan Province Zhongfang County Urban Flood-control Project Utilizing Loans from Asian Development Bank, which is compiled by the Hunan Province Huaihua City Hydraulic and Hydropower Design Institute, the estimation of the total investment of the project is RMB 59.76 million yuan, including the resettlement investment of RMB 9.4129 million yuan. In construction of main project, Zhongfang County Urban Flood Control Subproject of Civil Works is divided into 2 blocks of 1 lot, which are Maoli and Hexi blocks. Construction of Maolixi block started in January of 2008 and has been completed with accumulative progress of 100%. Hexi block started in July of 2012 and hasn’t been completed with accumulative progress of 52%. 1.2.4 Socioeconomic Benefit of Project After completion of the project, the existing flood control capacity of the city will be elevated from the present 3~5-year-occurrence to 20-year-occurrence, and the waterlogging harnessing capacity will be elevated from the present low discharge capability to 10-year-occurrence. Thus, it could offer a superior environment to maximize the guarantee for the safety of lives and properties of the people. As the flood control embankment is integrated with the construction of urban roads, docks, and discharging pipelines as well as renovation of the bank lines, it could not only relief the traffic congestion in the downtown area, but also beautify the environment and offer a superior rest and entertainment area for residents. In addition, with the improvement of the flood control and waterlogging harnessing standard, it could greatly reduce threat to lives and properties of the people by flood and waterlogging disasters. What’s more, it strengthens the sense of security of the people, guarantees the peaceful and comfortable environment of the people, as well as establishes a firm foundation for the industrial and agricultural production, therefore, its social and economic benefits are distinct. After the completion of the project, the flood control situation will be fundamentally changed and exert positive functions for flood control of the urban people, and the

benefits mainly embody as follows: 1) After completion of the project, the existing flood control capacity of the city will be elevated from the present 3~5-year-occurrence to 20-year-occurrence, and the waterlogging harnessing capacity will be elevated from the present low discharge capability to 10-year-occurrence. It will greatly mitigate the urban flood control burdens and is favorable for the normal and sustainable social development. 2) As the flood control embankment is integrated with the construction of urban roads, docks, and discharging pipelines as well as renovation of the bank lines, it could not only relief the traffic congestion in the downtown area, but also beautify the environment and offer a superior rest and entertainment area for residents, as well as be favorable for promoting the municipal construction speed. 3) With the improvement of the flood control and waterlogging harnessing standard, the land to be developed or with low development extent possesses momentous development value, and could establishes a firm foundation for the industrial and agricultural production. In short, the implementation of the flood control works could greatly reduce threat to lives and properties of the people by flood and waterlogging disasters, guarantee the peaceful and comfortable environment of the people and be favorable for the social stability and union The full investment economic internal rate of return of the project is 14.7%; the economic net present value is RMB 39.139 million yuan (12%), and the economic benefit cost ratio is 1.68. Accordingly, all the economic indices are good.

1.3 Affected Scope of Project Based on the geographical location of Zhongfang County, landform status, current state of the flood control project and the riverway, as well as the overall urban planning, the whole urban area is divided into Maolixibei, Maolixinan and Hexi flood control protective circles. 1）Maolixibei block: it is the main urban area and divided into 2 dike sections; ① Zhuoshui brook shall have the waterway treated with a length of 864m and width of 9m; ② Wanjia dike lies on the eastern bank of Wushui river, starts from the north of Maoli brook and ends at Wanjia nearby, and is built with earth, with a dike length of 898.8m; 2）

Maolixinan block: the dike shall be laid along Maoli brook from the its exit and built with soil, with a dike length of 822.6m; 3）Hexi block: the Jingping dike section starts from Yuxing brook inlet and ends at Jingping brook inlet with a dike length of 2871m and stake No. of Hexi k2+038～Hexi k2+417. The grouted rubble dike type is planned to be adopted, and the remainder adopts the earth dike. The main structural measures involving the land occupation and demolition are consolidated and new-built dikes, newly-built culvert sluices and electric drainage stations, as well as the temporary land use of construction worksite and borrow yards. The land acquisition areas, and the area in which the people’s life and production is seriously affected by the project construction shall all be regarded as the affected areas due to the project land acquisition and relocation. In this phase, the affected area due to the land acquisition and relocation in project is based on the recommended scheme in the project preliminary design phase. The scope of impact is determined by detailed survey assisted with 1/2000 topographic map, which involves 1 village and 5 villager’s groups of Chengjiao Township, Zhongfang County. The final scope of land acquisition and relocation might have minor adjustment during implementation. Land acquisition impact scope of the Subproject is region beyond recovery from project construction which greatly affect residents’ production and living within range of land acquisition in the Project. Land acquisition impact scope is determined according to actual conditions and only affects 1 village and 5 villager’s groups rural areas in Zhongfang County.

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) Zhongfang County National Economic and Social Development “the Tenth Five-year” Plan and Long Range Plan for 2015 3) Urban General Planning of Zhongfang County (2001-2020) 4) Statistical Yearbook of Zhongfang County (2003-2005)

5) Urban Flood-control Planning Report of Zhongfang County 6) Feasibility Study Report on Hunan Province Zhongfang County Urban Flood-control Project Utilizing Loans from ADB (Hunan Province Nanfang Hydraulic and Hydropower Design Institute) 1.4.1.2 Policy Foundation 1) National laws and regulations 2) Laws and regulations in Hunan Province 3) “Involuntary resettlement policy” of ADB (published in November of 1995) and “Resettlement Handbook ------practical and operable guidance on practice” (published in 1998) 1.4.1.3 Objectives of Policies 1) Adopt the engineering, technical, economic measures to avoid or minimize the quantities of physical goods to be removed and relocated; if the land acquisition and relocation is unavoidable, try best to adopt the effective measures to minimize the impact on the local residents due to the land acquisition and relocation. 2) In project preparation phase, conduct the social economy investigation and compile the relevant resettlement plan; 3) The resettlement shall be based on detailed physical indices in terms of relocated material goods and compensation standard in order to increase or at least restore the income and production levels for the affected people; 4) Promote resettlement in a developing mode. The resettlement from in the rural areas is 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 are all benefited from the project. 1.4.2 Method of Report Compilation The Key Project Management Office under the Water Resources Department of Hunan Province as project EA is responsible for overall resettlement preparation. The relevant resettlement design units, consulting units and local government all participated in the

process. In June 2006, the designers had conducted the general survey and statistics on the physical indices for the land-acquisition-affected area with the active support from local governments in project area. Based on census survey, detailed sample survey on social economic conditions and attitudes of the affected people was also carried out during the same period. In investigation, designer had consulted with the PMO (project management Office) of Zhongfang County and held several resettlement coordination meeting attended by the government department of every level and representatives of resettlers from affected area. Comments were made on the resettlement plan, economic rehabilitation options, and compensation, which were the basis for developing resettlement plan. According to the current national policies, laws and regulations and the requirements on resettlement by ADB, the resettlement team carried out detailed analysis on the degree of impact and feasibility of proposed rehabilitation for each affected town(ship) in project area. According to the suggestion and opinions on resettlement plan for core subprojects set forth by PPTA experts and ADB and analysis on rationality and feasibility of impact degree of all town (ships), the resettlement plan for Zhongfang Subproject was finally prepared and approved by local people’s government in the project area.

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 the stage of project’s preliminary design, selecting the final alignment has been conducted with considering the local social economic impact of the project. In the Zhongfang Urban Flood Control Works, the embankment spacing and embankment type are developed based on the actual river’s system, terrain, existing embankment condition and requirement of urban construction A) Comparison over Embankment Spacing Comparison are made over he two proposed schemes for Jingping Embankment Scheme I: The embankment line is basically arranged a long the riverside, roughly parallel with the main flowing line of large flood. The flood embankment may be backed up in an appropriate way, provided that it would have met the standard of 100-year-occurance (recommendable). Scheme II: The embankment line is arranged in the inner side of bench land along the river. According to the opinion from the Zhongfang County Government, move the embankment line as proposed in Scheme I to the inner side by 10m and reserve the original scenery belt. Through the comparison, the Scheme I is adopted. Because it not only improves the flowing condition, lowers down the design flood level by 0.03m and evades the soft foundation and strong pervious foundation, but also reserves the original scenery belt at the outer side, corresponding with the ecological construction of Zhongfang County. Moreover, the Scheme I shortens the embankment line and reduces the total cost. See Table 5.2.1 for the comparison over the two schemes. Comparison for Jingping Embankment Spacing

Table 2.1.1-1 Scheme Scheme I Scheme II Item Length of Embankment (m) 3229 2871 Demolished Houses(m2) 0 0 Area of Occupied Land (mu) 57.6 80 Total Cost (RMB 10,000 yuan) 2678 2289 B) Comparison for Embankment Type The comparison for embankment type is made over the Jingping Embankment at the west river and the Maoli Stream Embankment at the east river. (1) See Table 2.1.1-2 for the details of the comparison for the type of the Jingping Embankment. The conclusion of comparison for the three embankment types is as follows: the scheme of earth embankment with mortar rubble in the junction is more optimal than the mortar rubble embankment. The advantages for the former one are as follows: ① the construction for the earth embankment is easy and can be executed in the mechanical way, and the construction quality can be easily controlled;② the scheme of earth dike can shorten the construction period; ③ the cost for earth embankment is lower. Comparison for Type of Jingping Embankment Table 2.1.1-2

Scheme of Earth Scheme of Mortar Scheme Scheme of Earth Embankment With Mortar Rubble Item Embankment Rubbles in Junction Embankment Length of Embankment (m) 2871 2871 2871 Width of Embankment 6 6 6 Crown(m) Height Above Flood Level (m) 1.1 1.1 1.1 Demolished Houses(m2) 0 0 0 Area of Occupied Land (mu) 164.8 80 57.6 Total Cost (RMB 10,000 yuan) 2663 2289 3998

(2) See Table 2.1.1-3 for the details of the comparison for the two types of the Maoli Stream Embankment. The conclusion of comparison for the two embankment types is as follows: the scheme of earth embankment is more optimal than the mortar rubble embankment. The advantages for the former one are as follows: ① the construction for

the earth embankment is easier and can be executed in the mechanical way, and the construction quality can be easily controlled;② the scheme of earth dike can shorten the construction period; ③ the cost for earth embankment is lower; ④ the earth embankment is more attractive in appearance than the mortar rubble embankment, and it follows the rules of the modern urban development. Comparison for Type of Maoli Stream Embankment Table 2.1.1-3 Scheme Scheme of Earth Scheme of Mortar Rubble Item Embankment Embankment Length of Embankment (m) 1721 1721 Width of Embankment 6 6 Crown(m) Height Above Flood Level (m) 1.1 1.1 Demolished Houses(m2) 0 0 Area of Occupied Land (mu) 85 37.6 Total Cost (RMB 10,000 yuan) 556.9 2161.3

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-story 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 resettlers’ 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 activities with 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 and roads in a timely matter 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 is paid to the layout of construction site and selection of construction scheme to prevent the unnecessary land acquisition and house demolition. The following measures are adopted: 1) Before demolition and relocation, organize the relevant persons to conduct the on-spot survey. Try to remove less or do not remove the houses which is unnecessary to remove or can be partly removed in practical. 2) Before the demolition of the buildings due to the temporary land occupation by the project, report to the unit of owner by the County 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) 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. 4) Notify the affected enterprises in advance, and arrange the site for relocation, provide adequate compensation, shorten the interruption period, and coordinate LPMO to provide proper rehabilitation for affected employees. 5) During relocation and resettlement, the concerned local functional departments shall vigorously support the resettlers and affected enterprises, provide the convenience for them and carry on the resettlement work smoothly, and reduce the loss and relief the burden on resettlers. 6) 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 the compensation policies for land acquisition and resettlement, accept monitoring from the relocatee 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. 7) Reduce the dust emission and strengthen health management for construction workers. The construction unit carefully plans 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 laborers 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 supervises and urges 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 In June 2006, Hunan Province Hydraulic and Hydropower Design Institute, together with the Zhongfang County Water Resources Bureau and the government at each level, formed a joint investigation team. The team conducted the comprehensive survey on the project impacts according to the coverage determined in engineering design and the 1:2000 geologic type topographic map in hand. The contents of investigation included the land acquisition, the land acquisition affected population, houses to be removed and relocated, and supplementary facilities, scattered trees, small businesses of industry and commerce, enterprises and institutions, and agricultural sideline production facilities and special facilities, etc. 2.2.2 Investigation Method 1) Investigation 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: No houses require being demolished for this project. 4) Investigation in Scattered Trees: No scattered trees are affected by this project. 5) Investigation in Small Shoppers No small shoppers are affected by this project. 6) Investigation in Enterprises and Institutions: No enterprises and institutions are affected by this project 7) Investigation in Special Facilities: No special facilities are affected by this project. All the survey results of physical indices were reviewed and confirmed by householder and local government of each level and department in charge.

2.3 Investigation Results on Project Impacts According to survey, the land acquisition and relocation for this project are only involved in the 5 villager’s groups of Jingping Village in Zhongfang County. See Table 2.3-1 for summary of project impacts. Summary of Land Acquisition and Relocation Impacts in Zhongfang Urban Flood-control Project Table 2.3-1 Item Unit Total Zhongfang Town

Summary of Land Acquisition and Relocation Impacts in Zhongfang Urban Flood-control Project Table 2.3-1 Item Unit Total Zhongfang Town 1 Township (Sub-district) 1 1 2 Administrative Village (Villager’s Committee) 1 1 3 Villager’s Group 5 5 II Affected Population 1 Impact due to Land Acquisition Number of Household household 103 103 Population person 357 357 Population in Need of Economical Rehabilitation person 117 117 2 Total Population Affected by Project person 357 357 III. Permanent Land Acquisition mu 242.43 242.43 (I)Collectively-owned Land mu 194.43 194.43 1.Cultivated Land mu 149.22 149.22 Paddy Field mu 92.76 92.76 Dry Farmland mu 52.66 52.66 Commercial Vegetable Plot mu 3.80 3.80 2 Garden Land mu 24.60 24.60 3 Unused Land mu 20.61 20.61 (II) State-owned Land mu 48 48 1. Urban construction-use Land mu 48 48 IV. Temporary Land mu 95.65 95.65 1.Dry Farmland mu 15.7 15.7 2. Waste Land mu 79.95 79.95

2.3.1 Land Affected by Project 1) Permanent Land Acquisition The permanent land acquisition in this project covers 1 town, 1 administrative village, 5 villager groups. Various lands with an area of 242.43 mu will be expropriated, among of which are state-owned land of 48mu (totally are urban construction-use land) and collectively-owned land of 194.43mu, including the paddy field of 92.76mu, dry farmland of 52.66mu, commercial vegetable plot of 3.8mu, garden land of 24.6mu and unused land of 20.61mu. The investigation on the permanent land acquisition is detailed in Table 2.3-2.

Permanent Land Acquisition in Zhongfang Urban Flood Control Project Table 2.3-2 Collectively-owned Land Urban Cultivated Land (mu) Construction Unused Village/Town Village Group Total Dry Commercial Garden -Use Land Subtot Paddy Land (mu) Farmlan Vegetable Land (mu) al Field (mu) d Plot Total 242.43 149.22 92.76 52.66 3.8 24.6 20.61 48 I. State-owned Land 48 48 II. Collectively-owned Land 194.43 149.22 92.76 52.66 3.8 24.6 20.61 Jingping 5 194.43 149.22 92.76 52.66 3.8 24.6 20.61 Xinyuan 37 27 12 13 2 4.6 5.4 Shuangfe 30.9 17.8 6.5 9.5 1.8 10 3.1 ng Paifang 47.2 41 30 11 2 4.2 Xintang 37.9 28.2 21 7.2 8 1.7 Shuitian 41.43 35.22 23.26 11.96 6.21

2) Temporary Land Acquisition The construction temporary land acquisition refers to the temporarily borrowed land in the project construction period, including land acquisition of stone material yard, construction plant, construction warehouse, and temporary living quarter and temporary construction road during construction period. According to the arrangement of the embankment, the temporary works will temporarily occupy the land of 95.65mu, of which the dry farmland of 15.7mu and the waste land of 79.95 mu. ① In this project, the Chenjiawan and Jinyuanshan are selected for the soil material yard, with an area of 36218 m2 in total. ② The spoil yards of this project are located beside the soil material yards, with an area of 19810m2. ③ The temporary structures in this project such as the cement warehouse, sandy gravel piling yard, concrete mixing station, concrete prefabricated yard and processing plant for steer bar and timber have a total area of 5303m2, which are arranged in the open area of the road near the embankment. A few of new livelihood residences are also arranged in the open area of the road near the embankment.

④ The temporary land acquisition in this project affects 1 town, 1 administrative village and 2 villager groups. Various temporarily-acquired land has an area of 95.65mu and the average term of land borrow is 2 years. See table 2.3-3 for details of the statistical conditions of the investigation results of the temporary land acquisition in this project.

Temporary Land Acquisition in Zhongfang Urban Flood Control Project

Table 2.3-3 Temporary land (mu) Remarks Town/ship Village Land Type Total Dry Farmland Waste Land Zhongfang Town 1 95.65 15.7 79.95 Jingping 95.65 15.7 79.95 Soil material yard 54.3 11.71 42.59 Spoil yard 29.7 2.6 27.1 Temporary site 11.65 1.39 10.26

2.3.2 Population Affected by the Project 1) Population Affected by Land Acquisition The affected population due to land acquisition of the project will be the agricultural population for whom production arrangement is necessary calculated according to the theory of Land Administration Law of the People’s Republic of China, namely, the agricultural population who has lost all of their main productive materials and object of labor (cultivated land) due to land acquisition of the project and need to be arranged with outlet of production. The population data is calculated based on collective ownership of villages and groups rooted in rural land in China, which is an indicator in analyzing land acquisition impacts in the process of land acquisition and resettlement. Production arrangement population has unit of villager’s group and based on entities indexes involved in investigation on land acquisition and demolition of the project. According to calculation of the area of land acquisition divided by cultivated land per capita of each group before land acquisition, the result of agricultural population in need of production arrangement is 117 persons. As the project is distributed in linear shape along the river, for most affected persons, they would only lost small part of lands. According to the site investigation and statistics, 103households (357persons) are actually affected by land acquisition in the project, of which 89 households (327persons) will be actually affected by the permanent land acquisition in the project and 14 households (30 persons) will be affected by the temporary land acquisition. 2) Population Affected by Demolition According to the site investigation, no residents need to be relocated for the project.

3) Employees in the Affected Enterprises According to the investigation, the construction for the project shall not affect the enterprises or institutions. 4) Affected Individual Shops According to the investigation, no individual shops in the range of the project will be affected. 5) Total Population Affected by The Project Through statistics, 103 households (357 persons) will be affected by the land acquisition for the project, but not need to be relocated, including 14 households (30 persons) affected by temporary land acquisition. Among the population affected by the land acquisition and relocation, 117 agricultural persons are in need of economical rehabilitation rather not rehabilitation through building houses. See table 2.3-4 for details of the affected population in the project. Summary of Population Affected by Land Acquisition and Resettlement in Zhongfang Urban Control Flood Project Table 2.3-4 Land Acquisition, without Total Population in Village Resettlement Need of Affect Type Town/ship (Residential Number Number of Number of Number of Economical Committee) of Household Household Person Rehabilitation Person I. Permanent Land 1 1 89 327 89 327 117 Acquisition Zhongfang 1 89 327 89 327 117 Town Jingping 89 327 89 327 117 II. Temporary Land 1 1 14 30 14 30 Acquisition Zhongfang 1 14 30 14 30 Town Jingping 14 30 14 30 III. Overall Affected 1 1 103 357 103 357 117 Population

2.3.3 Houses and Auxiliary Facilities to be Demolished According to the investigation, in the range of land acquisition for the project, no houses need to be demolished and relocated. 2.3.4 Scattered Trees According to the investigation, no scattered trees are affected by the project. 2.3.5 Affected Individual Shops According to the investigation, no individual shops will be affected by the project. 2.3.6 Affected Enterprises or Institutions According to the investigation, in the range of the project, no enterprises or institutions will be affected by the land acquisition. 2.3.7 Special Facilities Affected by Project According to the investigation, in the range of the project, no special facilities will be affected by the land acquisition. 2.3.8 Women and Vulnerable Groups Affected by Project 2.3.8.1 Women 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 represented by different ages groups and education levels among those above 18 years old. In addition, through household interview survey, further understanding of women in the project area was obtained regarding their roles in their families, participation on public affairs and health issues. Actual impact population affected by land acquisition of the project is 103 households of 357 persons, including women of 159. 2.3.8.2 Vulnerable Groups Vulnerable groups: Mainly include the underprivileged families (per capita income is less than 156yuan/month), handicapped families (disabled persons), families of the elders who live alone (widows or widowers over 70 years old) and minority families etc. According to the investigation, the type of vulnerable groups will not be affected by the land acquisition for the project.

2.4 Impact Analysis of Project 2.4.1 Project Impact Characteristics 1) The land acquisition and relocation for the project will not affect the residence and the occupied cultivated land is not much. The acquired cultivated land accounts for 7.9% of the total cultivated land of the village groups. 2) The permanent land acquisition with an area of 242.43 mu is required for the project construction, of which, state-owned land is 48mu (urban construction-use land) and collectively owned land is 194.43mu, including the cultivated land to be acquisitioned is 149.22mu, accounting for 76.75% (including paddy field of 92.76mu, dry farmland of 52.66mu, and commercial vegetable land of 3.8 mu). The rest 23.25% is garden land, forest land and unused land. These cultivated land to be acquisitioned are dispersedly distributed in linear form in 5 villager’s groups of Jingping Village in Zhongfang County, 3) The project construction won’t affect the individual shops. 4) No enterprises or institutions in the range of the project will be affected by the land acquisition and relocation. 5) No special facilities in the range of the project will be affected by the land acquisition and relocation. 2.4.2 Impact Analysis Evaluation The construction of project damages 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 is fully considered the destructive effect of land acquisition on the local production and livelihood system during project design process, and accordingly, they have constantly optimized the project design, adopted project measures to reduce the land acquisition area, and relieved the impacts of project construction on local production and livelihood. Moreover, the project areas are distributed in linear shape and along the river. According to survey, each affected village of the 5 villages will loss 7.9% cultivated land averagely. The ratio of impact due to land acquisition for all villager groups are less than 11.3%, of which that of 4 ones are less than 10%.The relocatees affected by the project are rural residents and the income of

agricultural population primarily comes from non-agriculture activities (average agricultural income of each family is RMB 2,426 Yuan, accounting for only 24.12% of their total income viz: 10,058). After the land is acquired, readjustment will be made in the groups. In those affected villages, the land compensation fee will be utilized for the farmland infrastructures. Thus, the relocatees’ income and livelihood could be restored and improved after resettlement and rehabilitation. Therefore, the impact on the agricultural production of each villager or group will be relatively small. 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. Meanwhile, the project area is located in low land areas along the river. Most of the areas often suffer from flood and waterlogging disasters, which restrict the development of local economy. The project construction provides 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 greatly be reduced, so as to provide a better environment that safeguard peoples’ lives and properties and to facilitate the economic development of project area. 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 is given to the resettlers in the aspects of policies, technologies, funds, and substances, so as to ensure that they restore or reach the former level as soon as possible.

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 Zhongfang County Seat lies at the narrow and long belt between Yazuiyan and Zhongfang Town in north-south strip pattern. It is situated in the south part of Huaihua City, the north of Zhongfang County, about 15km away from the centre of Huaihua City. It is at the east longitude of 109°52′～110°11′ and north latitude of 27°10′～27°22′ with a planned area totaling 30.92Km2. Within the urban area, it is classified as the hilly, lowland and valley landform, the relief is controlled by structure and lithology, with an elevation between 200 and 300, relative elevation of 50～100m and a slope angle of 10～20 degrees. The left bank of Wushui River is mainly covered with low hillocks and valleys, mostly the Quaternary System deposits together with partly bedrock exposed. The right bank is made of the wide, open and flat embedded two-grade terrace, mainly the Quaternary System alluvium and deposits, where it is the locality of the main farmland. The project area is located at the umbo belt of the Neocathaysian System grade 3. Along the strike of the structural line, the fold structure is mainly the central inclined direction, near the NS direction, and the rupture structure is mainly the EN and NN directions. Based on the areal data, the rupture has no active evidence in near term. According to GB18306-2001 edition 1:4000000 China Earthquake Active Parameter Regionalization Map, in the project area, the corresponding basic seismic intensity is VI degree. It is a comparatively stable area. 2) Hydrologic and Meteorological Conditions The newly-planned urban area locates at the two banks of the Wushui trunk, the Sanjiaotan electric drainage station on the upper reaches is about 6km away from the center of the county seat, and the Pailou electric drainage station under construction at the upper reaches is about 13km away from the center of the county seat. The Sanjiaotan electric drainage station has a controlled valley area of 9836km2; the Pailou

electric drainage station has a controlled valley area of 9955km2; the exit of the county seat has a controlled catchment area of 9874km2. Mangtangxi electric drainage station under construction is 56km away from the upper reaches of Wushui River with a catchment area of 8182km2 and effective reservoir capacity of 85 million m3, so it is a seasonal adjusting reservoir. Statistical data from Huaihua Meteorological Station showed that the max. rainfall was 1744.1mm and the min. rainfall was 882.8mm. The annual rainfall distributes quite unevenly, mostly concentrating between March and August. The historical max. flood of Wushui River occurred in 1864 with flood peak flow of 10700m3/s, whilst the corresponding flood level of Zhongfang Town was 213.5m. Statistical analysis of the meteorological records between 1958 and 2003 from Huaihua Meteorological Station shows that: the mean rainfall was 1423.9mm, the mean rainfall lasted 168d, the mean ambient temperature was 16.4℃, and the mean evaporation was 1340.7mm, and the other meteorological elements are shown in Table 3.1. Zhongfang County Meteorological Characteristics Table 3.1

Item Unit Quantity Remark Mean ambient temperature ℃ 16.4 1958～2003 Max. average ambient ℃ 28.6 July temperature Min. average ambient ℃ 4.7 January temperature Extremely max. ambient ℃ 39.6 July 27, 1971 temperature Extremely min. ambient ℃ -10.7 Jan. 30, 1977 temperature Mean rainfall mm 1423.9 Daily rainfall not less Mean rainy days d 168 than 0.1mm Mean annual evaporation mm 1340.7 Mean relative humidity % 82 Mean wind velocity m/s 1.9 Actual measured max. wind m/s 20.7 April 22, 1976 velocity

3) Natural Resources Zhongfang County has rich natural resources available for development and utilization. The mineral resources discovered includes over 30 kinds such as porcelain clay, rough stone, limestone, coal, phosphor, gold and manganese, of which, the coal, phosphor, manganese and porcelain clay have reserves of more than 30 million tons; the forest resources have area totaling 104719.28 hectares with covering rate of 43%, including rare species such as gingko and Chinese honeylocust, a large area economic forests of Youkun tea and Chinese chestnut; a number of wild resources including scores of Chinese traditional medicines such as Tuckahoe, quassia, eucommia and Momordica charantia and rare wild animals such as clouded leopard and catish fox. In addition, the hydraulic development has huge potential, the Yuanshui and Wushui rivers have water energy reserve of 0.2 million kilowatts. 4) Tourist Resources Zhongfang County has a lot of places of interests, mainly including Liangtian Ancient City relics, Zhuge City relics, Fubo Palace, Tianzishan Dagoba, Xiaping Immortal Basin, newly-built Kanglongli and Pangu hamlet of Jingping Village. 3.2 Socio-Economic Conditions in the Affected Areas of Project Zhongfang County has a flood space accounting for two thirds of the original Huaihua City, and follows most historical and cultural traditions of it. Currently, it governs 4 economic liaisons, 22 towns or townships, 13 residential committees and 212 administrative villages, with a population totaling 0.259 million and area totaling 1466.54Km2. Zhongfang County Seat lies at the narrow and long belt between Yazuiyan and Zhongfang Town in north-south strip pattern. It is situated in the south part of Huaihua City, the north of Zhongfang County, about 15km away from the centre of Huaihua City. It is at the east longitude of 109°52′～110°11′ and north latitude of 27°10′～27°22′ with a planned area totaling 30.92Km2. The near-term (2005) planned scope is: starting from Yazuiyan township in the north and ending at Maotian village in the south, starting from Wushui river in the west and ending at Zhi-liu railway in the east, with an area of 17.8Km2, and the remote term (2020) planned scope is: starting from Sanjiaotan electric drainage

station in the north and ending at Maotianzhou in the south, starting from Niuyu in the west and ending at Wushui river in the east, with an area of 30.92Km2. The topography is higher in east and west and lower in the middle, and the landform involves basin, hillock and mountain. The middle part is flat and open, with altitude of 230m, relative altitude of 15m and gradient of less than 15%. The planned area is in north-south strike and a narrow and long shape with length of 8.0km and width of 4.0km. The whole county completed GDP of RMB 7332.13 million yuan for 2012, increasing by 13.5% compared with last year, including RMB 954.38 million yuan for the primary industry with a growth rate of 4.8%; RMB 4432.71 million yuan for the secondary industry with a growth rate of 15.0%; RMB 1945.04 million yuan for the tertiary industry with a growth rate of 14.0%. The structure of the three industries is 13.0:60.5:26.5. The GDP per capita was RMB 30,846 yuan for the whole county in2012 with a growth rate of 18.0% calculated by permanent population. 1) Agriculture and Agricultural Economy: For the whole year, the total output of agriculture, forestry, animal husbandry, sideline and fishery is RMB 1654.91 million yuan, increasing by 4.8% compared with last year. For the whole year, plantation area for grains of 0.2873million mu, increasing by 4500 mu compared with last year with a growth rate of 1.59%; plantation area for oilseeds of 0.1482million mu, increasing by 5100 mu compared with last year with a growth rate of 3.56%; area for vegetable cultivation of 65,100 mu, increasing by 3600 mu. For the whole year, grain output of 113,962 tons, increasing by 1795 tons compared with last year; vegetable output of 87,755 tons, increasing by 6.01%; total output of meat of 22,139 tons, increasing by 5.04% and output of aquatic products of 5354 tons with a growth rate of 8.49%. Through reinforcing policy support and increasing capital investment, construction of agricultural product base is put forth efforts and production bases of seven agricultural superiority products, i.e. high quality rice, tea-oil trees, fruits and vegetables, high quality beasts and birds, Chinese herbal medicine, aquaculture and industrial raw material forest steadily develop, especially three characteristic industries of tea-oil trees, grapes and vegetables show better developing trend. Bases of tea-oil trees are developed to 52,000mu, grapes base is developed to 37,000mu, standard vegetable base reaches to

38,000mu, core demonstration gardens of agricultural standardization are 8, standardized production bases are 280,000mu and steady grain acreage for the whole county is 300,000mu. Management in a moderate scale is promoted in agriculture with land transfer of 80,600mu for a whole year and transfer rate of 28%. 2) Industry and architecture: Accelerate to promote new industrialization and to make county-level industrial garden successfully obtain approval of provincial level of industrial concentration district. Integral moving of Yulong Ultramicro Special Enamel Covered Wire and Hengyu Industry located in Xiangshang Cultural and Science and Technology Industrial Park develops smoothly and Jinnuomi Food Project successfully reaches production goal. Xinglong Glass has the honor of China famous brand and to achieve zero breakthrough of state famous brand in this county. The whole year completed an industrial growth value of RMB 4118.84 million yuan, with a year-to-year growth of 14.4%. By the end of 2012, industrial enterprises have reached 44 households above county scale to achieve gross output of 5280.62million yuan, increasing by 22.5% and to fulfill industrial added value of 1740.15 million yuan, increasing by 15.6%. The production and sales of industrial products in county level link well with sales amount of RMB 5271.89 million yuan with production and sales rate up to 99.8%. Quality of economic operation for industry improves and economic benefit of enterprises continually improves. In 2012, industry above county level achieves profit of 270.97 million yuan with a year-to-year growth rate of 29.8% and achieves tax and profit of 478.96 million yuan with a year-to-year growth rate of 27.0%.The architecture in the whole county has an increase value of RMB 313.87 million yuan, increasing by 23.3% compared to last year. The architecture enterprises completed construction area of 0.6842 million m2 with a year-to-year decline rate of 21.3% and the completed building area mounted 0.623 million m2 with a year-to-year growth of 27.0%. 3) Investment on the fixed assets: To strengthen project support and to implement 75 major projects of urban construction in the whole year (including subproject) accomplishing investment of RMB 3.194 billion yuan, increasing by 70.53%. Auxiliary project in Zhongfang Road starts up and projects of vocational base in Huaihua and floodwall in county and etc. are accelerated construction. The whole year completed investment of fixed assets is RMB5592.22 million yuan with a year-to-year growth rate of 38.4%.

Investment for real estate development for the whole year is RMB 553.74 million yuan, increasing by 7.6% compared to last year, including investing for commercial housing of RMB 440.28 million yuan, increasing by 16.0%. 4) Domestic trade: The 2nd Special Purchases for the Spring Festival is successfully held in Zhongfang County to effectively activate urban and rural consuming market. The whole year completed social consumables retail amount of RMB 1064.89 million yuan, increasing by 15.4% compared to last year, including RMB 791.30 million yuan for wholesale and retail trade with a year-to-year growth rate of 14.3%; and RMB 273.59 million yuan for accommodation and restaurants trade with a growth rate of 18.5%. Viewing from the sectors, the wholesale and retail trade amount hit RMB 122.35 million yuan with a growth rate of 7.5% compared to last year; and the catering mounted RMB 87.82 million yuan with a growth rate of 19.2%. 5)Foreign Economy and Tourism Reinforcing to attract investment is implemented. For the whole year, programs of attracting investment by signing contracts are 11, contract-introduced funds mounted RMB 2.6 billion yuan and funds in place within territory of China are 1.38 billion yuan. To strengthen force of acquisition of projects and funds and the 4th batches of key counties to construct irrigation and water conservancy projects of small scale and subsidies counties for national prohibited military zone are successfully obtained approval for establishment. Totally projects for approval are 135 for the whole year and funds in place acquired are 0.333 billion yuan, increasing by 0.108 billion yuan compare to last year with a growth rate of 48%. Packing and planning of project is paid attention to and strategic chances of regional development of Wuling Mountains District, pilot of poverty alleviation and 3rd development in west of Hunan Province implemented by the nation are grasped. 49 projects are competed to list into provincial planning with estimate cost mounted RMB 26.3 billion yuan. Tourism industry is continuously developed. Project of tourist resort in Jingping Village is forcefully promoted and Tongmu Town is awarded as Hunan Provincial Agricultural Tourism Model with tourists catered for the whole year totally reaching to 0.55 million person-time and tourist income of RMB 0.21 billion yuan, increasing by 17.8% and 16.7% respectively. 6) Finance:

Fiscal revenue increases rapidly. Local financial income for the whole year mounted RMB 514.94 million yuan, increasing by 33.9% compared to last year including public financial budget revenue of 348.83 million yuan, increasing by 38.0%; and public financial budget expenditure totaled RMB10.6450 billion yuan, increasing by 32.8% compared to last year. Financial industry achieves added value of 41.82 million yuan for the whole year, increasing by 18.1% compared to last year. Zhongfang Branch, PSBC is formally operating in the county and organizing the first CCB small-loan company with registered capital more than RMB 0.1 billion yuan and restructuring credit cooperative in county have fundamentally completed. 7) Sci-tech and education: Scientific and technological development makes a new breakthrough. In 2012, a batch of planned application programs is prepared such as research and development of key technology in process of magnetic products in package of SMD, research and development of technology in preparing edible oil for health, study and demonstration on key technology of producing organic green tea, construction of service platform provided for scientific conditions, building provincial sustainable developing trial plot and etc.. Unconcluded provincial planned sci-tech programs go on for implementation. Special program of Oujing Fruit Industry supported by provincial sci-tech is research, development and application of key technology of producing protein feed from fermentation of orange peels. The program successfully resolves environmental pollution problems caused by orange peels, meanwhile, turns waste into wealth and extends processing industry chain of oranges to improve added value of oranges and increase economic efficiency of enterprise; creates production pattern of order-model for orange farmers in the county to increase employment and income for farmers and bring about sustainable development of fruit industry and animal husbandry. Education makes a new development. Nutritious lunch program of rural compulsory education is promoted to benefit students of more than 13,000. Kanglong Education Fund has been approved to collect student subsidies of RMB10.11 million yuan. Constructing famous schools is strengthened. No.1 Middle School in county is turned into a counterpart support school of No. 1 Middle School in Changsha and in the whole county firstly achieves the fellowship of running a school with provincial famous schools. Poverty assistance through education is strengthened in ethnic minorities community. A donor of RMB 1.556

million yuan to Haojiping Ethnic School is planned to obtain from EMBA of Changjiang Commercial College. 8) Transportation, Culture and Sanitation: Transportation industry develops quickly. Maintenance and improvement of provincial road of Yang Village to new constructed section and construction of village road of 41km are completed with patency rate of 100% in administrative village. Cultural system reformation is fully completed. Farmer’s bookstores cover through the county and large square dance competition and variety show are successfully held to make people’s cultural and physical education life more variety. Medical and health services steadily advance. Zero differential system of national essential drugs is overall implemented; compensation rate for fee-for-service in hospital arrives at 81.3% of the county within new rural cooperative medical system (NCMS). A comprehensive reform steadily improves. 8372 peasants participating NCMS are added with participation rate of 91.04%; 24 standardized village-level clinics are constructed. 9) Population, people’s livelihood and Social assurance: In the end of year, registered population for the whole county is 0.2836 million persons including male population of 0.1486 million and female population of 0.1350 million with gender ratio of 110:100 (male to female). Registered households are 86,618. For the whole year, newly-born population of 4309 with rate of 15.2% and population of 1740 for death with rate of 6.14%. Natural growth rate is 9.06% and permanent population is 0.2383 million including urban population of 64,500 and rural population of 0.1738 million. Urbanization rate for the whole county is 27.07%. Living standard for urban and rural residents steadily improves. In 2012, urban per capita disposable income for the whole county is 17748 yuan, increasing by 12.2% compare to last year and Engel coefficient is 39.94% for urban residents.

For the whole year, rural resident per capita net income is 6082 yuan with net increase of 932 yuan, increasing by 18.1%. In general income, wages income is 2703 yuan with a growth rate of 32.7%; household business income is 4619 yuan with drop rate of 4.9%. Per capita living expenditure is 3865 yuan with drop rate of 6.2%. Engel coefficient is 63.9% for

rural residents.

Labor employment is actively expanded. System of new recruiter to public institution who must pass exam is strictly implemented. In 2012, 28 working staffs are admitted to the whole society to achieve justice, fairness and openness of employment. For the whole county, urban employment additional person is 1172. Social assurance level is improved, new type rural social endowment insurance is started up from all aspects with cover rate of 100%. New NCMS is consolidated and developed with participation rate mounted 95.07%. Urban and rural minimum living standard and rural Five Guarantees are more improved. In the whole year, rural dangerous houses of 1076 are improved. 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 1 town and 1 administrative village. In June 2006, under the unified arrangement of the provincial PMO, Zhongfang County 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 Zhongfang Town, there are 16 villager’s committees (2 residential committees) with a population of 24739 in 7024 households, including an agricultural population of 23549 in 6344 households, accounting for 95.2% of the total rural population. There are rural labor forces of 13458, and rural employed workers of 12822, including 8759 taking on agricultural production, accounting for 68.3%. The Zhongfang Town has a cultivated land area of 18681mu, and cultivated land per capita was 0.79mu; In 2003, the gross incomes was RMB144.9169 million yuan, mainly souring from plantation and animal husbandry. For the details, see Table 3.3-1. 2) Basic Conditions in the Affected Villages (residential committees) The investigation shows that the 1 affected administrative village (Jingping Village) have a population of 1593, all agricultural population; The current cultivated land area is 2088.2mu, including 1278.2 mu for paddy fields, 810mu for dry farmlands, and 41 mu of vegetable land; the average per capita farmland is 1.31 mu among agricultural

population. According to the investigation, the income per capita of Jingping Village is RMB 5999 yuan/year, slightly lower than the average level for Zhongfang County or 6082yuan per capita in 2005. The Jingping Village has no minorities. In addition, there are 79 persons in the vulnerable group, such as poverty- stricken, disabled families and deformities and aged people’s families that live alone, accounting for 4.96% of the total population. For the basic conditions of the affected villages in the project, see Table 3.3-2.

The Socio-Economic Conditions of the Affected Towns and Townships (Sub-districts) by Zhongfang County Urban Flood Control Project Table 3.3-1

Indices Unit Total Zhongfang Town I Basic conditions (I) Residential committee 2 2 (Ⅱ) Including villager’s committee 14 14 1. Villages with electricity 14 14 2. Villages with postal communication 14 14 3. Villages with telephone 12 12 4. Villages with highways 14 14 5. Villages with water supply (Ⅲ) Households in villages household 7586 7586 1. Non-agricultural households household 734 734 2. Agricultural households household 6852 6852 (Ⅳ) Population in Villages person 26718 26718 1. Non-agricultural population person 1285 1285 2. Agricultural population person 25433 25433 (Ⅴ) Labor forces in villages person 14535 14535 (Ⅵ) Employed population in villages person 13848 13848 1. Employed population in Agriculture person 9460 9460 2. Employed population in Industry person 1187 1187 3. Employed population in architecture person 713 713 4. Employed population in Traffic, storage and post person 580 580 5. Employed population in wholesale and retail person 324 324 6. Employed population in accommodation and dining person 180 180 7. Others person 1404 1404 II Agricultural production conditions (I) Cultivated area mu 18681 18681 1.Paddy field 13196 13196 2.Dry farmland 5485 5485 (II) Total cultivated area of crop mu 46662 46662 1.Grain cultivated area mu 26782.5 26782.5 2.Yield of per unit area kg／mu 503.1 503.1 3.Yield ton 13475.1 13475.1 (III) Per capita plantation area of agricultural population mu/person 0.79 0.79 III Economic conditions of countryside (I) Total economic income 104 yuan 114580.23 114580.23 (II) Income per capita of farmers Yuan 6082 6082

40 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

The Basic Conditions of the Affected Villages (Residential Committees) by Zhongfang County Urban Flood Control Project Table 3.3-2 Income Underprivileged Population (person) Plantation area (mu) Plantation National Minority Town and Village of per Group area of township (Residential capita Agricultural Non-Agricultural Paddy Dry per capita Population Percentage Population Percentage (Sub-district) Committee) Total Total (yuan Remark population Population field farmland (mu) (person) (%) (person) (%) /year) Zhongfang 1593 1593 0 2088.2 1278.2 810 1.31 1980 0 0 79 4.96 Town Dry farmland contains Jingping 1593 1593 2088.2 1278.2 810 1.31 1980 0 79 4.96 market vegetable plot

41 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

3.4 Basic Conditions of Relocatees 3.4.1 Investigation Objectives 1) Introducing the positive significance of urban flood control project to the relocatees; 2) Investigating and comprehending the affected degree of the relocatees; 3) Soliciting opinions from the relocatees to reflect their willingness in the schedules of rehabilitation for production and livelihood 4) Analyzing the economic incomes and expenditures, determining the economic development objective and providing accurate basis for resettlement planning; 5) Establishing economic incomes model for relocatee’s families; and analyzing and forecasting changes of economic incomes. 3.4.2 Investigation Content The socio-economic investigation is classified into two kinds: one kind is investigation on the basic social and economic conditions of affected households; the other is investigation on the attitudes of the relocatees towards resettlement. 1) Basic Conditions of Affected Households ① Basic Family Condition: includes family members, age, sex, educational level, employment, 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

42 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

The investigation on relocatees’ willingness mainly consists of the awareness on the project, channels to comprehend the project, attitude, expected production and resettlement modes in addition to the other most concerned problems. 3.4.3 Investigation Method and Procedure In June 2006, the resettlement survey team, under the cooperation of the governments at all levels in the project area, conducted a detailed survey on the basic social economic conditions of the affected households and the relocatees’ willingness. 1) Investigation on the Basic Conditions of Affected Households For the investigation on the basic conditions of affected households, a sampling survey in site was made to the affected households. After filling the questions of survey form, the affected households made signature for confirmation. 32 households within the affected area of the project were selected as the sample, accounting for 31.1% of the total affected households. The samples are representative and typical, and can be used for basis for the project impact analysis. For the detailed sample survey distribution of removed households, see Table 3.4-1. Sampling Distribution Table of the Affected People Households due to the Resettlement Project Table 3.4-1 Sampling Township Affected Total Affected Sampling Percentage Remarks (Sub-district) Villages Households Households (%) Total 1 103 32 31.1 Zhongfang 1 89 28 31.5 Jingping 89 28 31.5 Zhongfang 1 14 4 28.6 Temporary land use Jingping 14 4 28.6 impacts

2) Investigation on relocatees’ willingness and attitudes Investigation on relocatees’ willingness adopts the mode of sample survey with a sampling ratio of 35.9%. 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 37

43 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

survey forms issued to the relocatees, and 36 effective forms returned with an effective ratio of 97.3%. 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: 3.71 persons / family in average in the affected area of the project, including 2.82 persons for labor forces with age 17~60, 0.48 person of younger than 17 years old and 0.41 person of older than 60 years old. ② Gender Percentage: The male/female ratio in the project area is 1:0.8. ③ Age makeup: The labour forces at age of 17~60 possess 76% of the total population, 12.9% for younger than 17 years old and 11.1% for older than 60 years old. ④ Ethnic Background: All of the affected people are classified as Han Nationality. ⑤ Educational level: In the affected area of the project, every 100 persons, there are 9.3 persons with educational level of higher than senior middle school, 18.5 persons with educational level of senior middle school, 44.6 persons with educational level of junior middle school, 24.4 persons with primary school and 3.2 illiteracies or half-illiteracies. ⑥ Housing area per capita: The housing area for every household is 104.21m2 and that per capita is 28.09m2. The structures of houses are mainly brick-concrete and brick wood structure. ⑦ The land contracted by the collective: In countryside, each household contracts 4.97 mu of cultivated land, averaging 1.34mu per capita; The grain yield of each household is 2022kg in average 545kg per person; The livestock of each household is 1.9, and the poultry of each household is 19.3. ⑧ Family property: For every 100 households, there are 130 TVs (79 for Black and White TV and 51 for Colour TV), 190 electric fans, 14 refrigerators, 23 washing machines, 269 bicycles, 34 motorcycles and 554 big furniture such as sofas, big bureaus and chest of drawers. ⑨ Economic incomes and expenditure: Each household has an annual total income of RMB 10058yuan, averaging RMB 2711yuan per capita; Each household has an annual total expenditures of RMB 7654 yuan, the annual expenditure per capita is RMB

44 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

2063.1yuan; Each household has an annual net income of RMB 7346 yuan, averaging RMB 1980 yuan per capita. For the total basic conditions of the affected households by the project, see Table 3.4-2. Summary Table for Basic Conditions of Households of Zhongfang County Urban Flood Control Project Table 3.4-2 Zhongfang Town (32 households) Items Unit Indices per Indices per Remark Total household I Affected household size 1.Total Population of Household person 3.71 119 Including: female person 1.67 53 2.Labor forces of 17~60 years person 2.82 90 old 3.Population younger than 17 person 0.48 15 4.Population older than 60 person 0.41 13 II Educational level 1.More than senior high school person 0.34 11 2.Senior high school person 0.69 22 3.Junior high school person 1.66 53 4.Primary school person 0.91 29 5.Non-educated person 0.12 4 III Nationalities 1.Han Nationality person 3.71 119 2.National Minority person IV. Housing area 1.Housing area per household m2 104.21 3334.72 2.Housing area per capita m2 28.09 898.85 V. Agricultural production 1.Contracted plantation area per mu 4.97 159.08 household 2.Plantation area per capita mu/person 1.34 42.88 3.Grain yield kg 2022 64702.4 4.Grain occupation per capita kg/person 545 17440 5. Livestock piece 1.9 62 6.Poultry piece 19.3 617 VI. Household property 1.TV piece 1.3 42 Including: color TV piece 0.51 16 2. Refrigerator piece 1.9 61

45 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Summary Table for Basic Conditions of Households of Zhongfang County Urban Flood Control Project Table 3.4-2 Zhongfang Town (32 households) Items Unit Indices per Indices per Remark Total household 3. Washing machine piece 0.14 4 4.Washing machine piece 0.23 7 5. Bicycle piece 2.69 86 6. Motorcycle piece 0.34 11 7. Large furniture piece 5.54 177 VII. Annual total incomes 10058 321856 1.Agricultural incomes yuan 2426 77632 2.Stockbreeding incomes yuan 3045 97440 3.Non-agricultural incomes yuan 4587 146784 VIII. Annual consumption yuan 7654 244934.4 expenditure 1.Living expenditure yuan 4327 138464 2.Production expenditure yuan 2712 86790.4 3.Other expenditures yuan 615 19680 IX. Annual net household income 7346 235065.6

2) Basic Attitude of Affected People The sample survey and analysis shows that: ① Have knowledge with the project: 100% of the affected people claimed that they had knowledge of the project. ② Sources of information: 85.4% of the affected people get known from the investigation persons and 14.6% 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: 84.9% 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; 6.7% think the flood control benefit is obvious, while the negative impacts are big; 8.4% think the flood control has no influence, but the removal will bring a certain negative impacts. ⑤ Resettlement Approach: 46.15% resettlers require self-construction based on housing plots arranged by the government, while the 10.5% choose the concentrated

46 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

reconstruction of resettlement housings. ⑥ Economic rehabilitation: 43.2% resettlers ask for cash compensation, while the 56.8% ask for replacement land through land adjustment.

3.5 Social and Economic Effects for Resettlement to the Affected Population The project implementation produces 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 reliance in the land. According to the investigation, in 2005 in the affected Zhongfang Town, there were 12822 employed labor forces, including 4063 non-agricultural population of industry, building construction, traffic, wholesale and retail, accounting for 31.7% of the rural labor forces. Analysis from the incomes structure, the annual total income per household of the affected households was RMB 10058 yuan, including RMB 2426 yuan for the agricultural incomes, only accounting for 24.12% of the total income. The investigation shows that in spite of the land loss, the local farmers suffer the decrease of agricultural incomes, however, due to the small proportion for plantation in the total incomes, they will have little impacts on their production and living. 2) For farmers with land plantation as their main livelihood resources, the land loss will result in the loss of complete or partial means of production, however, as the project is linearly distributed, the land acquisition of the project results in not big influence on the agricultural production of resettlers, on average each affected village will lose their land of 7.9%. For the 5 affected village groups, 4 of them lose less than 10% of their land holding. However, for those households directly affected by land acquisition (89 households and 327 persons), every affected person loses about 34.05% of their land holding. According to the on-spot investigation, it is known that, in the affected 5 villager’s groups, all villager’s groups have their farmland occupied of less than 11.3%, 4 villagers’ groups (80%) have their farmland occupied of lower than 10%. Most of the farmers have

47 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

suffered little impacts. In addition, in the affected villages the agricultural resettlement mode of farmland adjustment will be adopted, which will maintain the traditional production mode and livelihood for the affected persons, and can restore, or even increase their income or living standard within short period of time. The cash compensation mode can also be directly adopted, so the farmers can invest the land compensation costs into various farm or nonfarm activities, such as adjusting planting structure, developing greenhouse vegetables, expanding animal husbandry and engaging in other nonfarm activities, which can increase their incomes and improve their current economic status. Therefore, the land occupation will produce little impacts on their production and livelihood. The project construction will bring a certain influences on the residents and businesses within the project area, but the impact is little and after completion of the project, it creates favorable conditions for further development of Zhongfang County, and facilitates 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 7, 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

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(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 Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System. (XJF [2003] NO.42) 6) Hunan Provincial Methods regarding Collection, Usage and Management of Rehabilitation Fee for Forest Vegetation (XCZ[2003]No.10) 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

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management shall be 30 years. The contract issuing party and the contractor should conclude a contract agreeing on the rights and obligations of both parties. Peasants who contract management of the land have the obligation to protect and utilize the land pursuant to the agreement in the contract. Peasants' right to contract land for management is protected by law. Within the duration of land contracting and management, in the event of appropriate adjustment of land contracted among individual contractors, it must have the consent of over two thirds of the members of the villagers' conference or over two thirds of the villagers' representatives, and be submitted to the competent department of agriculture administration of township/town People’s Government and People’s Government at the county level for approval. Article 31: The State protects cultivated land and strictly controls turning cultivated land into non-cultivated land. The State practises the system of compensation for the occupation and use of land. For the occupation and use of cultivated land for non-agricultural construction with approval, the unit that occupies and uses cultivated land shall be responsible for the reclamation of cultivated land equivalent to the quantity and quality of cultivated land occupied and used in accordance with the principle of "quantity of reclaimed land being equivalent to that occupied". Where there are no conditions for reclamation or the reclaimed land does not conform to requirements, cultivated land reclamation fee should be paid as prescribed by the provinces, autonomous regions and municipalities directly under the Central Government, the special-purpose fund shall be used for the reclamation of new cultivated land. Article 46: For land requisitioned by the State, local People’s Government at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and organize its implementation. Owners and persons of the right to use of the requisitioned land should, within the specified time period of the announcement, bring the ownership certificates to the competent departments of the local People’s Governments to enter into registration for compensation for land requisition. Article 47: For requisition of land, compensation shall be given in accordance with the

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original use of the requisitioned land. Compensation fee for the cultivated land requisitioned includes land compensation fee, subsidies for resettlement as well as compensation fee for ground appendixes and young crops. Land compensation fee for the cultivated land requisitioned shall be 6-10 times of the average annual output value in the three years prior to requisition. Subsidies for resettlement for the cultivated land requisitioned shall be calculated on the basis of the agricultural population that requires resettlement. The agricultural population that requires resettlement shall be calculated on the basis of the amount of cultivated land requisitioned divided by the average occupancy of cultivated land of the unit requisitioned. The rate of subsidies for resettlement per head of the agricultural population that requires resettlement shall be 4-6 times of the average annual output value in the three years prior to requisition of the said cultivated land. However, the maximum subsidies for resettlement for cultivated land requisitioned per hectare shall not exceed 15 times of the average annual output value in the three years prior to the requisition. The rate of land compensation fee and subsidies for resettlement for the requisition of other lands shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government, taking the rate of land compensation fee and subsidies for resettlement for the requisition of cultivated land as reference. Rate of compensation for ground appendixes and young crops on the requisitioned land shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government. For requisition of suburban vegetable plots of municipalities, the land use unit should, pursuant to relevant provisions of the State, pay to the new vegetable plot development and construction fund. Additional subsidies for resettlement may be provided for those peasants who require resettlement and cannot maintain their original living standards on the basis of land compensation fee and 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

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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

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within an urban planning zone, consent of the competent department of urban planning should be sought first prior to submission for approval. The land user should conclude a contract for the temporary use of the land with the competent department of land administration concerned or the rural collective economic organization and villagers' committee in accordance with the ownership of the land, and effect the payment of compensation fee for the temporary use of the land. 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

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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. 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

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is1-5 yuan/m2. Article 9: The cultivated land acquisition tax should be assessed upon by the finance organ. After approving the cultivated land acquisition of unit and individual, the land administration department should give notice to the finance organ of same level in time. The unit or individual that is approved to requisition or acquire the cultivated land should declare tax-paying to the finance organ with the approval documents by the land administration department above county level. The land administration department shall assign land acquisition according to the tax-paying receipt or the approvable documents of requisition. 4. Selected Provisions of the Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (3) Strictly enforcing compensation system for land acquisition: The approved cultivated land acquired for the non-agricultural construction shall be compensated by the construction unit with the cultivated land of same quantity and quality. And the quantity and quality of cultivated land for supplement shall be converted according to its degree to prevent “more acquisition but fewer compensation, and compensation with bad cultivated land for cultivate land of high quality”. The construction unit --- which cannot compensate by itself ---- shall pay the cultivate land reclamation fee according to the provisions of each province, autonomous regions and municipalities directly under the Central Government. The cultivated land reclamation fee shall be administrated with special account, and cannot be reduced or remitted or peculated. The cultivate land supplement fee for construction project invested by the government must be list into the project general calculation. (13) Properly resettling the farmers affected by land requisition: The local People’s Government above county level shall work out specific methods to ensure the further living of farmers affected by land requisition. The farmers affected by land requisition can 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

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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. 5. Selected Provisions of the Directive about Perfecting the System of Compensation Resettlement for Land Requisition

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(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

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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 for public hearing of the compensation standard and resettlement approach of the land to be requisition. If there is party applying for hearing, the 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, except 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 7, 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

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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 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.

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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 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

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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 agreement with relocatee.

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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

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should arrange revolving house with the similar area to the removed house, but it is unnecessary for the relocater to pay the temporary resettlement subsidies. 3. Methods for Implementing Cultivated Land Acquisition Tax of Hunan Province (Amendment) Article 2: In the case of acquisition of the following land owned by the State and the collectivity for house building or non-agricultural construction, the unit or individual that acquires land should pay cultivated land acquisition tax in accordance with this Method. (1)The paddy field and the dry farmland for planting crops, including cultivated land, newly cultivated land, rotation land and the land that had been used for planting crops in the 3 years prior to acquisition. (2)The land that is used mainly for planting crops and accidently for planting mulberry, tea tree, fruit tree and other forest trees, and the shoaly land that is used through reclaiming around. (3)Fishpond, lotus pond, vegetable land, garden plot (including seed plot, flower plot, drug plot, tea garden, fruit garden, mulberry garden and garden for planting other economic forest trees). Article 3: The amount of cultivated land acquisition tax shall be calculated in accordance with the actual acquisition area of above land by the taxpayer and specified amount standard of acquisition tax, and shall be assessed upon in only one time. Article 4: It shall take the average occupancy per head of cultivated land as its main bases of the amount standard of cultivated land acquisition tax, and the amount standard shall be determined according to the natural conditions and the economic development of each area. With the unit of county (including county-level city, same hereinafter), the average occupancy per head of cultivated land shall be calculated in accordance with the gross of population and cultivated land that are counted by local statistical department. The specific amount standards of acquisition tax are regulated as follows. (1)Take the county as the unit (same hereinafter). For the area where the average occupancy per head of cultivated land is under 0.5mu (including 0.5mu), the amount standard of acquisition tax is 6-10 yuan/m2. (2) For the area where the average occupancy per head of cultivated land is 0.5-1.0mu (including 1.0 mu), the amount standard of acquisition tax is 4-8 yuan/m2.

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(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 about Improving “Basket Project” The planning department shall list the productive resources, which are used for the regulation of new vegetable land development fund, as the planning standards: for Changsha City, it is 20,000 yuan/mu; for the other cities under the Hunan Province, it is 15,000 yuan/mu; for the cities on planning list, it is 10,000 yuan/mu; for the cities under some area of Hunan Province, it is 7,000 yuan/mu; for county towns, it is 5,000 yuan/mu. 5. 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 Zhongfang County is the fourth class. The detailed standards for reclamation fee of cultivated land are listed as follows. 1) Paddy Field: 8000 yuan/mu; 2) Dry Farmland: 5000 yuan/mu. 6. Hunan Provincial Methods regarding Collection, Usage and Management of Rehabilitation Fee for Forest Vegetation (XCZ [2003] No.10) Article 6: The expropriation standards of forest vegetation rehabilitation fee shall be determined according to the survey and design cost and the forestation and cultivation cost, which are needed for rehabilitating forest vegetation. And the rehabilitation area shall not be less than the forestland area in acquired or requisitioned land. The detailed expropriation standards are as follows: 1) For timber forest, economic forest, firewood forest and nursery land, it is 6 yuan/m2; 2) For immature forest, it is 4 yuan/m2; 3) For protection forest, it is 8 yuan/m2, while for forest with special purposes, it is 10 yuan/m2; 4) For open woodland and shrub land, it is 3 yuan/m2. 5) For suitable land for forest, clear cut area, burned land, it is 2 yuan/m2; The forest land in city or in urban planning area, it can be charged according to 2 times of

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the standards above. For the forest land which is occupied by farmers for housing construction, no rehabilitation fee shall be charged during the period of the 10th 5-year plan. Unless otherwise express provisions, no unit or individual has the rights to reduce or remit the rehabilitation fee. 7. A Notice by General Office of Hunan Provincial People’s Government about Issuing Land Requisition Annual Output Standards (XZF [2005] No. 47) The land requisition annual output standards in Huaihua City: 1) Paddy Field of Class I: 1650 yuan/mu; Paddy Field of Class II: 1400 yuan/mu; 2) Dry Farmland: 1050 yuan/mu 3) Special Vegetable Plot of Class I: 2600 yuan/mu; Special Vegetable Plot 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. The adjustment factor for Zhongfang County is 0.9.

4.2 Relevant Articles of the ADB 4.2.1 Policy Bases 1) Reluctant Resettlement Policy of the ADB (issued in November, 1995) and Resettlement Handbook of the ADB ---Doable Practice Direction (issued in 1998) 2) Policy about national minorities of the ADB 3) Policy about poor supporting of the ADB 4.2.2 Relevant Policies and Regulations The Resettlement Policy of the ADB includes the principles as follows. 1) Involuntary resettlement should be avoided where feasible. 2) Where population displacement is unavoidable, it should be minimized by exploring all viable project options. 3) People unavoidably displaced should be compensated and assisted, so that their economic and social future would be generally as favorable as it would have been in the absence of the project. 4) People affected should be informed fully and consulted on resettlement and compensation options.

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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 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

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construction. The compensation or rehabilitation are 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 doesn’t 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. 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

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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 is 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 is 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

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should be signed between the temporary land occupier and the collective economic organization or the residential committee and compensation for temporary land acquisition should be paid. The temporary land acquisition compensation should cover the loss to the former owner and user of the land (including the agriculture taxes). The standard of compensation should be increased and the former user of the land should be resettled appropriately if the use purpose or property right of the land changes when it was returned. If the temporarily land acquisition exceeds two years, the acquisition procedure should be handled again. 16) In order to insure the living standards and income levels will not decrease, all the labor forces affected by the land acquisition and resettlement should be provided with employment opportunity. Rehabilitation by allocating replacement land is encouraged, supplemented by development of second and tertiary industries. The villagers can choose to find a job by oneself. 17) Encourage the relocatee to participate in the preparation of resettlement planning and the process of resettlement; let the relocatee know the compensation and resettlement policies and standards. It should widely collect opinions of the affected persons during survey, and incorporate them in the RP report. 18) Seriously consider the complaints made by the affected person and help them with their difficulties and inconvenience in land acquisition and relocation reasonably and practically. The problems or dissatisfactions with the compensation standards should be resolved mainly through negotiation. If negotiation does not work, arbitration even a country appeal could be carried out. Any compulsive actions by the resettlement sponsor should conform to relevant laws. 19) Relative organizations should cooperate together to intensify the resettlement organizations at all levels and train all the staff that will go to duties. 20) In the process of the project, the County PMO is responsible for monitoring the interior implement of the project, hiring an independent organization to do the exterior monitoring and submitting the monitoring report to ADB periodically. Resettlement Assessment will be carried out after the project. 21) Any important changes made in the implement of resettlement (such as decreasing the compensation standards, changing the location or scale of the land acquisition for the

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project, new sub-project, changing any sub-project into a domestic invested one) should be reported to ADB in advance. If necessary, the resettlement planning can be revised or other resettlement can be prepared. 22) If other non-ADB project demolition occurs ahead or simultaneously in the ADB project area, the ADB project can take the advantage of other project under the condition that all the compensation and resettlement standards accord to the resettlement planning. 4.3.3 Compensation Reference and Standard for Land Acquisition 4.3.3.1 Permanent Land Acquisition of Project ● Collectively Owned Land 1) Compensation Standards for Cultivated Land Acquisition ① Analysis on Output Value of Cultivated Land According to the relevant provisions of XZBF [2005] No.47 document, A Notice by General Office of Hunan Provincial People’s Government about Issuing Land Requisition Annual Output Standards, the annual output of Huaihua City is listed as follows: 1650 yuan/mu for paddy field of class I, 1400 yuan/mu for paddy field of class II; 1050 yuan/mu for dry farmland; 2600 yuan/mu for vegetable plot of class I, 2300 yuan/mu for special vegetable plot of class II. Based on the adjustment factor for Zhongfang County, the annual output value of paddy field is 1372.5 yuan/mu (average of the annual output values of class I and class II), the annual output value of dry farmland is 945 yuan/mu, and the annual output value of market vegetable plot is 2070 yuan/mu (standard for class II vegetable plot). ② Multiple of Land Compensation and Resettlement Subsidy According to the relevant regulations from Land Administration Law, Land Acquisition and Resettlement Regulation for Large and Medium Water Resources and Hydro Project, land compensation for the acquired cultivated land is 10 times of the annual output value of the land, and resettlement subsidy for each person needing economic rehabilitation is 6 times of the output value per mu. The young crops of less than one year growth period is compensated according to output value of a quarter. ③ Unit Price of Compensation According to annual output value of the cultivated land per mu in the project area as well as compensation multiple, the unit price of compensation is calculated as 22646 yuan

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per mu for paddy field, and 15593 yuan per mu for dry farmland. According to A Notice about Improving “Basket Project”(XZF[1993]No.25), the unit price of compensation for vegetable plot in Zhongfang County, a county of region-level in Hunan Province, is calculated to be 39155 yuan/mu as the unit price of compensation for paddy field plus the new vegetable plot construction funds (5000 yuan/mu). 2) Compensation Standards for Garden Land Acquisition According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China, the land compensation fee for garden land acquisition shall be 50 percent to 100 percent of compensation standards for the paddy field near the land. The resettlement subsidy shall be executed with reference to the regulations of the cultivated land. All the garden land requisitioned in this project is orange garden with bad varieties, which is used for self-supporting or local sale with a low price. According to investigation, analysis and calculation, the compensation fee for garden land acquisition will be calculated as per 60% of the standards for paddy field, the resettlement subsidy will be calculated as per 100% of the standards for paddy field, the compensation fee for timber forest will be calculated to be 3600 yuan/mu as per 60 trees per mu (60 yuan/tree). Based on this calculation, the compensation for garden land acquisition is 20070 yuan/mu. 3) Compensation Standards for Waste Land According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China, the land compensation fee for expropriating waste mountains, wasteland and other unused land is 20 percent of the vicinal paddy field, and its resettlement subsidy is free from payment. Other land acquisition in this project is mainly the wasteland. No resettlement subsidy is paid, and what is only taken into consideration is the compensation fee for land acquisition. The unit price is set at 2745 yuan per mu according to 20 percent of the land compensation fee for paddy land.

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4) Unit Price Compensation Actually Implemented According to Compensation Agreement eventually signed, the unit prices actually compensated for paddy field, dry land, commercial vegetable plot, garden and other land are 40237, 25834, 43455, 31562 and 25834 yuan/mu respectively which are higher than replacement price determined in accordance with relevant document and policy. Fully considering national and local policy, the compensation unit price takes into account of living recovery problems of the resettlers’ and is reasonable. During land acquisition proceedings transacting, the land loss resettlers are very cooperated.

For details of standards of permanent land acquisition in this project, see Table 4.3-2. Zhongfang County Compensation Standards for Permanent Land Acquisition in Urban Flood Control Project Table 4.3-2

Land Ownership Land Type Unit Standard for Compensation

Paddy Field Yuan/mu 40237 Dry Farmland Yuan/mu 25834 Collectively Owned Land Vegetable Plot Yuan/mu 43455

Garden Land Yuan/mu 31562 Other Land Yuan/mu 25834  State-owned Land Owing to state-owned land of 48 mu occupied by the project belongs to urban construction-use land without any attachment according to site investigation, in reference of same type of project, this type of land can be allocated for free. 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

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this project is mainly for earth material site, temporary facilities and spoil area, which contains shrub land and a few of dry farmland, with 2-year occupation time. The annual output value of dry farmland is 945 yuan per mu, and the cost of young crops is 472.5 yuan according to 50 percent of the annual output value. Based on this calculation, the unit price of temporary land acquisition is 2363 yuan for dry farmland. 2) The Expense of Reclaiming Temporary Land Acquisition According to 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 15.7 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 3326 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 Investment Item Unit Unit Price (yuan) Quantities Remarks (yuan) Total 3326 1. Earth work 2980 1.1Clay cover m3 6.22 333.5 2074 1.2Arable layer backfilling m3 2.91 200.1 582 1.3Arable layer leveling m2 0.74 333.5 247 1.4Laying field ridge m3 5.85 13 76 2.Soil maturizaition 247 2.1 Farm fertilizer dan 0.98 50 49 2.2 Phosphorus fertilizer Kg 0.69 150 104 2.3 Carbamide Kg 1.28 50 64 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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Zhongfang County Compensation Standards for Temporary Land Acquisition in Urban Flood Control Project Table 4.3-4 Land Loss Expense Average Young Reclamation Total (yuan/m) No. Land Type Annual Output Crop Cost Cost (yuan/ (yuan/ Acquisition Value(yuan/m) Standard (yuan/mu) mu) mu) time (year) 1 Dry Farmland 945 2 1890 472.5 3326 5689

4.4 Table of Entitlement Matrix According to the on-spot investigation conducted by Zhongfang 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 Zhongfang County Urban Flood Control Project Table 4.4-1 Compensation Standard Affected Affected Responsible (yuan/Unit) Policy of Land Acquisition and Resettlement Type Object Agency Compensation Standard Item 1. For the project construction land acquisition, the village shall obtain the land compensation Paddy Field 40237yuan/mu cost and resettlement subsidy paid by the land acquisition unit; and relocatee will obtain young Dry Farmland 25834 yuan/mu crop cost and ground adhesion matter compensation cost an so on; What’s more, If the land Vegetable Plot 43455 yuan/mu readjustment or the land reclamation is carried out inside the villager’s group to make the Garden Land 31562 yuan/mu affected farmers by land acquisition obtain land or other means of production, the land compensation fee and the resettlement subsidies should be controlled for utilization by the villager’s group collective. On the contrary, if there is no possibility to carry out land readjustment or land tidying or development, and the relocatee has not got any production materials, the village group shall pay the resettlement subsidy and 75% of land compensation to them, and the remaining land compensation shall be managed and used by the village group collective. 2. Land compensation fee and resettlement subsidy shall be used in the livelihood rehabilitation of relocatee in the project construction, such as construction of farmland water County conservancy facility, rebuilding of rural infrastructure and adjustment of agriculture structure PMO, Permanent Collectively and so on. County land owned 3. The compensation standard for cultivated land acquisition is calculated based on the Land and acquisition land average output value per mu of the previous three years before the land acquisition. Resources Compensation of cultivated land acquisition and multiple of resettlement subsidy shall be in Bureau Unused Land 25834yuan/mu accordance with the quantity of per capita cultivated land area before the land acquisition in project area, and shall be determined according to Land Administration Law of the PRC and Methods of Hunan Province for Implementing the Land Administration Law of PRC. Requisition of garden land, villagers’ housing plot and other unused land shall be compensated properly with reference to the stipulation of cultivated land acquisition. 4. The land compensation fee shall be paid to the village collective unit or land contractor before the land acquisition. 5. Land redistribution shall be carried out in slack season. For all the farmers that lost the land because of the project, they will acquire new land through land redistribution. 6. The migrant workers who rent cultivated land in the project area will obtain the young crops compensation for land acquisition. During the implementation of the resettlement in the project, if the migrant workers are willing to stay at this locality for earning a living, the project executive agency will help them rent the near land for cultivation. Temporary Contractor County 1. The compensation fee for temporary land includes young crops cost, land loss Dry Farmland 5689

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5. Resettlement and Rehabilitation Measures

5.1 Resettlement and Rehabilitation Objectives 5.1.1 Overall 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 Rehabilitation Task 1) Economic Rehabilitation Populations As the projects are distributed in a line along the river, most of the population affected only loses part of their lands. According to the detailed survey, the permanent land acquisition of the project will affect five village groups in Jingping Village, Zhongfang County, that is, 327 persons in 89 households. The permanent land acquisition is 149.22mu, with average land loss per capita of 0.46mu. People who need economic rehabilitation refer to those who would lose their entire farmland holding. It is calculated by dividing amount of acquired farmland in each affected village group by the per capita farmland holding in that village group. The calculation formula is as follow: K= K，×S / S＇

Where: K stands for the number of people who need economic rehabilitation in every villagers group. S stands for the area of occupied cultivated land due to the project in every villagers group; S＇stands for the existing cultivated land in every villagers group; K，stands for existing agricultural population number in every villagers group. According to the above formula, there are 117 agricultural populations need economic rehabilitation. The calculation of economic rehabilitation population in every villager group in the project affected area is shown in details in Table 5.1-1. 5.1.3 Affected Population Due to the Temporary Land Acquisition The areas of temporary acquisition lands in this project total 95.65mu, including dry lands of 15.7mu and wasteland of 79.95mu, and actually affect two village groups in

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Jingping Village, Zhongfang County, that is, 30 persons in 14 households. During the period of temporary land occupancy, the affected villagers will get the compensation by years. After construction period, the measures of affected land recovery, planting measures and the temporary pile stock yard for the cultivated soil will be cooperated into the water & soil conservation design. The temporarily acquisitioned land will be reclaimed by use of the reclaimed cost and leveled, then returned to the affected farmers. Therefore, economic rehabilitation is not necessary for the temporary land acquisition affected by the project. 5.2 General Scheme for Resettlement The project construction of Zhongfang County will only affect part of the lands in Jingping Village, thus it will not create great unfavorable impact on the original production and livelihood system in each village. By widely collecting opinions in the villages and counties affected by the flood control dikes through the method of participation, and considering the actual situation in project impact area, the general scheme for resettlement was established as follows: the affected people (needing economic rehabilitation) will be resettled within their villager’s groups. The economic rehabilitation based on land will be achieved by readjusting village group remaining farmland, developing new productive projects and allocating resettlement subsidy. 5.3 Living Rehabilitation of the Resettlers 5.3.1 Environmental Capacity Analysis The environmental capacity of resettlement area refers to the number of resettlers that an area can support and absorb with normal economic and ecological sustainability. The existing cultivated land in the project area mostly has been cultivated, so agricultural population who needs agricultural rehabilitation has to share original land resources with the residents in resettlement area and both residents and resettlers in the resettlement area are beneficial owner. To achieve this goal, increasing agricultural investment, improving land fertility, modifying crop variety and altering low-yield and dry land into paddy field must be implemented to increase agricultural income.

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Population Calculation for Economic Rehabilitation Table 5.2-1 Current basic status Per capita Per capita Occupied cultivated land (mu) Current cultivated land (mu) residual Proportion Economic County Township cultivated Village Group Agricultural Commercial Commercial cultivated occupied rehabilitation (area) (town) Paddy land Paddy population Subtotal Dryland vegetable Subtotal Dryland vegetable land (%) population field (mu/person) field plot plot (mu/person) Zhongfang 1416 1899.6 1103.6 755 41 149.22 92.76 52.66 3.8 1.24 7.9 117 Zhongfang Town 1 5 1.34 Jingping 5 1416 1899.6 1103.6 755 41 1.34 149.22 92.76 52.66 3.8 1.24 7.9 117 Xinyuan 268 312 119 168 25 1.16 27 12 13 2 1.06 8.7 23 Shuangfeng 251 466.5 236.5 214 16 1.86 17.8 6.5 9.5 1.8 1.79 3.8 10 Paifang 299 361.6 256.6 105 1.21 41 30 11 1.07 11.3 34 Xintang 302 321.8 232.8 89 1.07 28.2 21 7.2 0.97 8.8 26 Shuitian 296 437.7 258.7 179 1.48 35.22 23.26 11.96 1.36 8.0 24

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The analysis on the change of land holding among affected villages and groups (Table 5.2-1) indicates: the current cultivated land per agricultural person in Jingping Village is 1.34mu, which will be reduced to 1.24mu after land acquisition, decreased by 0.1mu per capita or 7.9%. After land acquisition, there are 4 groups (in Tuoping Village) among 5 affected groups with their residual farmlands per capita over 1mu. Furthermore, Shuangfeng Group enjoys the most residual farmlands per capita, averaging 1.79mu per capita. There is only one group with its residual farmlands per capita below 1mu, that is, 0.97mu/person, with the cultivated lands of 8.8%. Among these affected groups, a large number of farmlands are in low yield because of low investment, lack of management, poor soil fertility, simple crop, and incomplete irrigation facilities. Therefore the ameliorative measures, including increasing investment on low yield field, improving soil fertility, adjusting farming system, replanting improved crops variety, building farmland water resource facilities, and reinforcing field management, shall be adopted to fully exploit the potential of cultivated lands, improve the production level and yield per unit area, and consequently reach the resettlement target value.

5.3.2 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. In June 2006, with the assistance of Employer 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 1980 yuan. No matter whether the project will be conducted or not, the level of social economy in project area will be improved, as well as the net income per capita. During the period of 2003~2005, the annual growth rate of net income per capita in rural project area reached 4.1%. The average net income of the settlers reaches RMB 2146 yuan when the plan is initiated in 2007. In order to guarantee that the resettlers will reach or exceed their former living standard

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after relocation, the net income per capita must reach RMB 2146 yuan. 5.3.3 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 (5 village groups will be affected, among which one is with least residual cultivated lands of 0.97mu/person, and the rest four over 1mu/person), land readjustment will be carried out, which will ensure adequate landholding will be available for all affected persons. 5.3.4 Economic Rehabilitation Planning In June 2006, the resettlement design unit and the Project Management Office of the County, together with the relevant department, conducted the on site survey on the project affected land, water surface, and other natural resources. In the course of resettlement planning and project impact investigation, the consultation meeting with the project affected town, 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 was carried out in the way of adjusting cultivated lands within groups: in-group adjust cultivated lands amounts to 136.7 mu and 117 persons are resettled. See Table 5.3-1 for details about resettlement by economic rehabilitation in groups. Scheme for Resettlement by Economic Rehabilitation of Zhongfang County Table 5.3-1 In-village adjustment Economic rehabilitation Area (mu) Subproject area Township(town) Village Group population Paddy Relocatees Subtotal Dryland field Zhongfang Zhongfang Town 1 5 117 136.70 81.44 55.26 117 JIngping 5 117 136.70 81.44 55.26 117 Xinyuan 23 24.46 9.18 15.28 23 Shuangfeng 10 17.88 9.16 8.71 10 Paifang 34 36.46 25.77 10.69 34

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Scheme for Resettlement by Economic Rehabilitation of Zhongfang County Table 5.3-1 In-village adjustment Economic rehabilitation Area (mu) Subproject area Township(town) Village Group population Paddy Relocatees Subtotal Dryland field Xintang 26 25.28 18.23 7.04 26 Shuitian 24 32.63 19.09 13.54 24

After adjustment of cultivated land, the cultivated land per person in this group will be less. In order to keep the simultaneous development of relocatees’ living level with other villagers’, it is necessary to fully develop 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 lands in the project are mainly distributed along the riversides, the actual production is at a low level because of floods. After the implementation of the project, the flood control standard will be raised. 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 relocatees and to guide them to fulfill the measures of “improving low yield land, changing dry farmland into paddy field”, rightly to enhance the elemental area output value and the cultivated land capacity, so as to fully and well rehabilitate the relocatees in this village with cultivated land adjustment in this villager’ s group. As the resettlement scheme of the project area is determined in terms of the opinions of most resettlers, partial resettlers have their own approaches for revenues, namely, they have fixed operation sites in other places, applicable operation skills and production equipment, or relatively steady income resources, as well as they accept cash compensation and they want to find jobs by themselves, after the EA verifies if they completely meet the self-employed conditions, and they sign the resettlement agreement, receive the notarial certificate and go through other procedures during the project implementation process, the resettlement subsidies will be directly paid to the self-employed persons. For the groups and villages need cash compensation, if partial resettlers want to undertake agricultural production, the EA helps them obtain land, and

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continue agricultural production. 5.3.5 Total Investment for Economic Rehabilitation Under the project, the cultivated land will be adjusted with payment, which will be calculated based on the unit compensation price in the project area, that is, RMB 40237 yuan/mu for paddy field and RMB 25834 yuan/mu for dryland. It is proposed to adjust paddy fields of 81.44mu and dryland of 55.26mu, needing land adjustment fee of RMB 2.7045 million yuan. See table5.3-2 for details. Estimate of Proposed Investment for Economic Rehabilitation

Table 5.3-2 Unit price Investment Item Unit Quantity Relocatees (yuan) (10000 yuan) . In-group adjustment of 470.45 cultivated land 117 1. In-group adjustment of mu 40237 81.44 327.69 cultivated paddy fields 2. In-group adjustment of mu 25834 55.26 142.76 cultivated dryland

5.3.6 Balance between Land Compensation Fee and Economic Rehabilitation Investment According to the relative resettlement articles: “ The land compensation and resettlement subsidies, is used by the institutions with land acquired, for production rehabilitation and development, and arranging the employment for the surplus labor forces caused by the land acquisition, livelihood subsidies for people incapable for work. It can also be contracted to the county (city) and be unitedly allocated by the county (city) for land development, production and livelihood resettlement for resettlers. But these special funds must be used for the specific purpose. The funds shall not be privately shared or used for other purposes.” In case that the land compensation and resettlement subsidies can not meet the requirements of production and resettlement, the resettlement subsidies can be increased according to the situation. Therefore, the land compensation fee and resettlement subsidies, as the only fund resource of the resettlers’ production and resettlement, must be equal to or a little more than the total investment of economic rehabilitation. According to the economic rehabilitation plan, the required economic rehabilitation

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population in this project is 117. The investment for production development project is RMB 4.7045 million yuan in total (See 5.5-2) for details. The permanent collectively-owned land acquisition compensation fee in the project area is RMB 6.5667 million yuan in total, RMB 1.8622 yuan more than required investment for agriculture population economic resettlement, a little more than required investment for other economic rehabilitation. This indicates that the land compensation standard is considerably suitable, and can meet the fund requirement of economic rehabilitation. The fund margins can be unitedly used for 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. 5.5.6 Rehabilitation Measures for Resettlees’ Economic Income The project implementation agency offers help and support to the resettlees as much as possible during the whole course of resettler livelihood recovery in this project. They include 1) Distribute resettlement subsidy and help resettlees to become self-employed. 2) Strengthen the training of production skills for resettlers and invite experienced specialists to train the resettlers to develop cultivation industry and livestock breeding industry. 3) Give first priority to the resettlers when hire labour for the project construction. According to the design of this project construction organization, the project construction totally takes up 0.634221 million working days with labor force, and affords some employment chances including land levelling and landscape works. Though some project tasks are temporary, the income of these employees, according to income survey of the same work type in Zhongfang County, will be RMB 800~1200 Yuan/month. So the local resettlers will be given short-term incomes which will be useful for enhancing living level of affected people and restoring their income and livelihoods. 4) The local government provides such fiscal encouraging policies as tax reduction and subsidy for the resettlers engaged in secondary and tertiary industries. Additionally,

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the banks will also give priority to provide loans for them. 5.4 Assistance to Affected Women There are altogether 159 affected-women in this Project who made a considerable contribution to their families and communities. To ensure rapid recovery and development of their livelihood, special assistance measures are provided to the affected-women in this Project. 1) Increased Women Status in Family and Fundamental Equality of Men and Women In the Project-affected area, there is no obvious division between women’s and men’s daily labor; daily labor is share by men or women depending of their time arrangement. As women play an integral role in daily lives, women’s labor accounts a large proportion of family income. According, the status of women in the family has become more sophisticated, and even most of the household budgets are hold in women’s hands. In decision-making on important matters, the attitude of women to a large extent determines the final decision outcomes. 2) Higher Enthusiasm n for Participating Public Affairs Through investigation, local women have higher enthusiasm for participating local public affairs. During the village general election, all women available with time were involved in the vote. Posts of Women Director in all villages are hold by women; posts of some Village Secretary or Director are also hold by women. In the survey and preparation of this resettlement plan, women showed more enthusiasm and attention to the Project and made lots of good suggestions. 3) Freedom in Love and Marriage Women of all ethnic groups are free to choose their partners. As long as mutual voluntary, minority women (men) can get marriage with Han men (women). There is no ethnic limit in marriage issue. Equivalent Treatment in Entitling Education and Health Care Rights In general, people in the project affected area have lower education level; and the health conditions are not well developed. However, women share equal rights with men in entitling these rights. Due to historical reasons, the older group of women has lower education level than that of men; but with the development of society, extend of women’s education has been greatly improved and essentially shared the level with men.

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4) Assistance from Village Committee (Community) Each project-affected village (community) regularly concerned with living conditions and restoring and development status of the affected women within the corresponding village (community). In case of any difficulty, a solution comes up promptly. If there’s only female member in the relocation household, villagers will be organized to provide assistance and enable women’s successful moving into new homes.

5.5 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 provides 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 affords special allowance for the families under the poverty line to help them for their house improvement and keep their living level. The detailed measures include the house improvement subsidy of 3000 yuan/household for poor households, and subsistence subsidy of 600 yuan/person to help them overcome the difficulties during the demolition. 2) After implementation of the project, the affected households 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 helps 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, this project will not affect vulnerable groups. During resettlement process, the affected vulnerable groups in the project will be further confirmed through comparison and analysis between the data of the local civil affairs departments and such objective conditions as the family members structure, the workers employment and the actual family condition. Once the affected households are proved to

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be the vulnerable groups, the project execution agency gives special help to them during resettlement implementation process. Allowance for the vulnerable group will be calculated by 1% of the total cost of occupied land compensation and resettlement for the project, which will be used to provide support compensation of house and accessorial facility and used for the cost of providing all kinds of assistance or life support to the vulnerable group affected by the project.

5.6 Social Security System for Land-lost Farmers Social security measures are adopted to protect rights and interests of the land-lost farmers. Details are as follows: To land-lost farmers (men over 60-years old women over 55-years old), the local department of social security will deduct some fund from government revenues of land acquisition based on annual pension level and 15-year period, and make payment for the cost of pension insurance. Individuals are not responsible for the payment. Starting from the month of land-lost, pension insurance can be claimed. To land-lost farmers of men aged from 45 to 60 and women aged from 40-55, they will be included in township flexible employment pension insurance program. The difference between the flexible employment pension insurance contribution years and actual age of the land-lost farmer is the actual payment period. Annual payment is share by the government, the collective and the individuals. Payment part borne by the government comes from government revenues of land acquisition plus with special fiscal allocation; payment part borne by the collectives comes from land compensation and collective economic accumulation; payment part borne by the land-lost farmers are self-paid annually. The specific payment proportion is: 50% (government): 30%(collective): 20% (individual). The principle of “government safeguard as primary and personal safeguard as supplementary” is followed. After complete of the payment period, land-lost farmer can get their pension. To land-lost farmer of men below 45 year-old and women below 40-year old, local department of social security will focus on promoting labor re-employment. Special career training fund will be get from land compensation of the collectives. Land-lost farmer will be master new labor skills and get job opportunities. While these land-lost

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farmers get their jobs, they will be included in urban resident’s pension insurance program. With identification proof of land-lost farmer, they will get certain preferential treatment in payment of pension insurance.

6. Institution and Responsibilities

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

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6.2.2 Responsibilities 1) Project Resettlement Leading Group of Hunan Province Leaders from Hunan Provincial People’s Government, Hunan Plan Committee, Hunan Water Resources Department and Provincial Loans Project Execution Office who are in charge of the project will be appointed to constitute the “Project Resettlement Leading Group of Hunan Province”. And its main responsibility is to strengthen the leadership in the project, and to coordinate and to organize the relation of resettlement institutions at all levels. 2) ADB Loans Project Office of Hunan Province The main responsibilities of ADB Loans Project Office of Hunan Province are to organize the work of project Resettlement and the planning, to take charge of the policy compilation of resettlement activities of the project, and to organize and coordinate the relation of resettlement institutions at all levels. Provincial Project Management Office will be set up under Provincial ADB Loans Project Office to deal with everyday affairs.

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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

Zhongfang County ADB Loans Project Office Project Independent Resettlement Resettlement Monitoring and Leading Group of Design Unit Evaluation Zhongfang County Institution Zhongfang County Project Resettlement Implementation Management Office

Zhongfang Town Resettlement Implementation Management Office

Villager’s committee or Residential Committee

and Village’s group

Resettlement Household

Fig. 6.2-1 Frame of Project Resettlement Institution

3) Resettlement Management Office of Hunan Province Resettlement Management Office of Hunan Province is constituted by Loans Project

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Execution Office, and its main responsibilities are to strengthen the leadership in the course of project implementation in Hunan Province, and to coordinate the working relation among the cities in Hunan Province and guarantee the construction of main body of project and the smoothness of land acquisition resettlement. 4) Project Resettlement Leading Group of Zhongfang County Project Resettlement Leading Group of Zhongfang County is managed by leaders of Zhongfang County People’s Government in charge of the project directly, and its main responsibilities are to strengthen the leadership during the course of project implementation in the city, to coordinate the working relation of townships, and to guarantee the smoothness of the construction of main body project, land acquisition resettlement. County PMO shall be set up under the leading group to deal with everyday affairs. 5) Zhongfang County ADB Loans Project Office The main responsibilities of Zhongfang County ADB Loans Project Office are to strengthen the leadership of the project, take charge of policy compilation of resettlement activities, and to organize and coordinate the relations of resettlement institutions at all levels. County Resettlement Implementation Management Office will be set up under it to deal with daily affairs. 6) Zhongfang County Project Resettlement Implementation Management Office The main responsibilities of it are to fulfill management, planning, implementation, coordination and supervision and monitoring of the resettlement: ①Work out the land acquisition of the project, demolition and resettlement policy; ②Entrust 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; ③Apply for the land using and planning, and license on land using and construction; ④Be in charge of service training of main resettlement leader of Land Acquisition, Demolition, and Resettlement Office; ⑤Organize and coordinate the compilation and execution of Resettlement Planning Report; ⑥Be responsible for management and allocation of funds, and supervision the using of

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funds; ⑦Guide, coordinate and supervise the resettlement implementation and progress ; ⑧Preside over and check the internal monitoring activities, and be in charge of compilation of the report on land acquisition, demolition and resettlement; ⑨Determine the external monitoring institution and assist with the external monitoring activities. 7) Zhongfang Town Resettlement Implementation Management Office It is led by Township 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: ①Take part in the project investigation and assist in the compilation of Resettlement Action Plan; ②Organize the masses to join in and publicize the resettlement policies;； ③Implement, check, monitor and record all of the resettlement activities in the township; ④Go through the demolition and rebuilding procedures for resettler’s houses; ⑤Be 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; ⑦Report the conditions of the land acquisition, demolition and resettlement to County Land Bureau and Resettlement Management Office; ⑧Coordinate and deal with the contravention and problems in work. 8) Villager’s committee or Residential Committee and Villager’s Group Resettlement Group of Villager’s committee or Residential Committee and Villager’s Group is composed of main leaders of Villager’s committee and Villager’s Group, and its main responsibilities are as follows: ①Take part in the investigation of social economy and the project impact; ②Organize the masses to negotiate and to publicize the land acquisition and demolition policies; ③Select the resettlement site, and allocate housing plot for the demolition household;

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④Carry out land reclamation, adjustment and allocation, and organize the resettlement activities such as production development; ⑤Be responsible for the funds management and allocation; ⑥Report the opinions and advice of resettlers to the higher authorities; ⑦Report the progress of resettlement implementation; ⑧Provide help for the households with difficulties in demolition. 9) Responsibilities of Design Unit During the planning design stage, survey the physical index of demolition, environmental capacity, developable and available resources exactly, to assist the government in the project area to work out the resettlement scheme, to compile the budgetary estimate of compensation and investigation for demolition and the report on demolition and resettlement planning, and to work out the related drawings. In the implementation period, provide design document, technology regulations, drawings and notice for the County PMO in time, report the design technical explanation to project Offices at all levels by phase, assist each settlement Office with the settlement demolition and settlement production arrangement and improve settlement arrangement planning schedule according to the actual conditions. 10) Responsibilities of Independent Institution for External Monitoring and Evaluation Qualified monitoring evaluation institution is hired to be the resettlement monitoring unit by the County PMO, and its main duties are: ①As 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. ②Provide technical consultation for Project Resettlement Office in the aspects of investigation and process of the data.

6.3 Supervision Institutions Zhongfang County Project Rettlement Office within LPMO is the supervision institution,

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and it presides and checks 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, County PMO hires qualified and independent external monitoring unit to take the charge of the project land-cover demolition and compensatory monitoring evaluation work of resettlement. Independent monitoring unit shall provide technology consultation for internal monitoring and management, provide overall resettlement implementation information for County PMO and report resettlement progress, problem and disposal advice for County PMO.

6.4 Resettlement Management System The implementation of the resettlement program for Zhongfang Subproject will be the responsibility of the Zhongfang County Resettlement Management Office, which includes arranging bidding process for both construction of special facilities and infrastructure projects. In addition, the resettlement management office employs a qualified external monitoring and evaluation agency to carry out independent resettlement monitoring and evaluation. What’s more, computers shall be used to manage the information and keep all archives of resettlement and materials in the course of implementation in PMO at all levels.

6.5 Personnel and Facilities of Resettlement Institution 6.5.1 Personnel Arrangement In order to maintain the resettlement work to be carried out smoothly, special personnel shall be arranged for resettlement management institution at all levels to form a smooth information transmission channel. Personnel of resettlement institution consist of administrators and professional technical staff who own certain profession level and management qualification and land acquisition demolition working experience. See table 6.5-1 for details of related institution personnel conditions.

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Table on the Personnel of Resettlement Implementation and Management of Urban Flood Control Project of Zhongfang County

Table 6.5-1 Unit: Person Finance Technical Political Rear-service Institution Name Total Administrator Staff Staff Worker Staff County Resettlement Implementation Management 8 2 2 2 1 1 Institution Town Resettlement Implementation Management 5 2 3 1 Institution Total 13 4 2 5 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 76 thousand yuan, and the funds are open-fee of resettlement implementation institution of general budgetary estimate of resettlement investment.

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Table on Facilities Arrangement of Resettlement Implementation Institution of Urban Flood Control of Zhongfang County Table 6.5-2 Amount Investment Price County Town Item Type Unit (RMB Remarks (Yuan) Total Resettlement Resettlement Y’0000) Office Office 200 yuan/House, 1. Office Piece 2000 4 2 2 1.20 hire for 3 years 2.Transportation Piece 0.71 Rent car Tools 3. Office 5.69 Facilities Lenovo 3.1 Computer Yangtian Set 8499 2 1 1 1.70 M6000 3.2 Printer HP1010 Set 1800 2 1 1 0.36 3.3 Digital SONY Set 4880 2 1 1 0.98 Camera DSC-V1 3.4 Gree Set 4000 3 2 1 1.2 Airconditionor 505TlyType 3.5 Table and Set 300 13 8 5 0.39 chair 3.6 Scanner HP4670C Set 3000 2 1 1 0.6 Liguang Set 3.7 Fax 1680 1 1 1 0.34 8500 Siemens Set 3.8 Telephone 128 2 1 1 0.03 8000 Type 4、Total 7.6 Investment

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.

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6.6.1 Resettlement Administrator Training Plan Plan and establish county-level, township-level and village-level resettlement institution personnel training and human resource development system. Resettlement administrator training work can be carried out by inviting leader or expert to give the lecture, starting technology training class in each units, visiting and studying in resettlement project, training the administrators on the spot. Training content contains: 1) Resettlement principle and policy; 2) Resettlement planning management training; 3) Resettlement implementation planning design; 4) Resettlement implementation progress management; 5) Resettlement finance management; 6) Resettlement project quality control; 7) Management information system; 8) Resettlement monitoring evaluation; 9) Resettlement project management. 6.6.2 Production Skills Training for Resettlers Resettlement production skill training plan mainly is aimed to train the resettlement household in the aspect of knowledge and practical technology. The training mode of integrating long-term training, short-term training and key technology training together shall be adopted, and also some young person with certain quality shall be sent to study in Hunan Agricultural University and Hunan Agricultural Science Academy in order to provide a number of technical backbones for the project area; Regarding the provincial and county training center as the carrier, we shall hold all kind of practical technology training in order to make a number of resettlement master one to two kinds of practical technology and lead other resettlement households to rich life by science. 1) Training for resettlement backbone: It is planned that we will recommend and sent some resettler’s children or resettlement backbone who is qualified and is active to receive long-term training and education in Hunan Agricultural University in order to make them the pioneers of resettlement development. 2) Training on planning technology: carry out the training on big-shed vegetable production technology, high quality cross hybrid rice, two-low rape technology promotion

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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 five resettlement training workshops has been carried out with 55 persons participating at cost of RMB 33700 yuan. Among them, two workshops will be targeted to resettlers with 49 participants at cost of RMB 20900 yuan; and three workshops will be for resettlement staff with 6 participants at cost of RMB 12800 yuan. The training cost is included in the total Resettlement Cost. See Table 6.6-1 for details.

6.7 Measures for Institution Consummating 1) Make the responsibility and obligation range of resettlement institution clear and definite, and strengthen the supervision and management; 2) Enrich the forces of resettlement institution at all levels, and especially strengthen the profession technology forces. All of the personnel must own certain profession level and management ability, and strengthen the skills in computer, testing equipment and transportation tools; 3) Select the working personnel strictly, and strengthen the service skill training and carry out the training for administrator and technical staff in order to improve the service ability and management level; 4) Arrange women leaders with proper quantity and make them play a role in resettlement; 5) Establish database and strengthen the information feedback to guarantee the smoothness of information both from the higher to the lower and from lower to the higher, and important problems shall be solved by resettlement leading group. 6) Strengthen the report system and internal monitoring, and solve the problem in time. 7) Establish external monitoring evaluation mechanism and pre-alarm system.

Table 6.6-1 Resettlement Implementation Training Funds Amount of Amount Training Training Training arrangem Project Lecturer Training Object Person Training Content of period Place Mode ent (person) Periods (day) (104yuan) 1.Training for 6 3 1.28 Administrator 1.Resettlement Principle and Policy; 2. Resettlement Project Planning Hunan Hunan Management; Lecture by County PMO Provincial PMO 1 3.Resettlement Finance Management; 1 5 0.30 Expert Administrator PMO Expert 4.Management Information System; 5. Resettlement Implementation Management, etc. 1.Administrator of Zhongfang Township 2 Provincial County Class PMO The Same with Above 1 3 0.38 PMO Expert PMO 2.Administrator of 2 Village Domestic Domestic Main Service Resettlement Implementation and Similar Investment Personnel 1 1 6 0.60 Monitoring Management Project and Study of PMO 2. Resettlement Production Skill 49 2 2.09 Training 1.Production technology Refresher management; Hunan Teachers of Resettlement course and 2.Agricultural technology Agricultural Agricultural backbone and 1 1 30 0.4 entrusting management; University University resettlement children education 3. Agricultural production multi-operation Administrator of County Representative of Township Resettlement 48 (26 1.Planting technology training Class each town, 1 5 1.69 PMO Office and female) 2. Aquaculture training township and village agricultural Technology expert 3. Total 55 5 3.37

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

7.2 Approaches and Measures of Public Participation 7.2.1 Participation Approaches Before launching investigation work, compile general work outline, listen and accept local government’s opinion for the investigation content, approaches and requirement, etc. Local government dispatches staff to take part in investigation group and work together. In the period of investigation at large, invite principle and representatives of township, village and group to participate in investigation work, and propagate to them the project necessity, project effect, project influence, compensation principle and resettlement schedule, and deliberate over the possible direction of the resettlement together. In the phase of resettlement planning, the work staff of resettlement deliberate with all levels of leaders of county and township, 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.

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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 is made on public participation and consultation opinions by design units. On the basis of no prejudice to the collectivity planning principle, house-building scheme for resettlement and production resettlement modes should be consistent with mass opinions so that programming is in reason and resettlers are satisfied. In the stage of resettlement implementation, still adopt the ways of colloquia and spot check of resettlers’ opinions, collect resettlers’ information, and investigate resettlers’ desire, and perfect resettlement plan ulteriorly. To ensure that the resettlers and local government in the affected area understand the detailed information of the resettlement plan and the resettlement and compensation plan of the project, propaganda to the resettlers the laws and regulations on national resettlement through public participation (colloquia) or local media (such as TV) from the start to the implementation of resettlement plan, so resettlers 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 Preparation of Resettlement Planning Reports 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) In June 2006, the investigation on physical indices of relocation and demolition by

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land acquisition in the project was conducted by Zhongfang County Project RO, 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) Zhongfang County resettlement office and design office successively organize and hold consultation meeting participated by all levels of local cadres and all classes of influencing people. Consultation the all classes of existing policies on resettlement of country, province and city. Accept and consult widely their opinions on how to decrease project impact, how to resettle the demolition resettlements for land acquisition and compensation standard for all level of affected people. For details, see 7.3-2. Table7.3-1 Questionnaire of Public Attitudes toward the Project

Participant Discussion Time Location Participant Final Results Number Content Project The officials of each introduction, Support project Each resettlement village, 20(11 affected area and building, agree with 2006.6 resettlement design unit, female) tentative resettlement plan village resettlement resettlement tentatively. representatives scheme Planning committee, County and Project town government, town introduction, Support project design units, 11(6 affected area and building, agree with 2006.6 government planning, country and female) tentative resettlement plan in meeting resettlers resettlement principle. room scheme representatives Solicit project Defining every item County government, County opinions on of compensation design units, government 16(8 compensation, standards, 2006.6 planning, country, meeting female) resettlement plan resettlement policies resettlers room and land and land acquisition representative acquisition policies.

Table7.3-2 Policies Disclosure

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Purpose Content Who and with When Where whom 1.Project influence all kinds of quantities of Survey group Administrative index in kind and land consists of management organ Project impact in acquisition of project. County project of project area, 2006.6 social-economy survey 2.Project influence Office and township socio-economy condition Resettlement government, villager’s committee in the area affected by the design units project 1.Accept the opinions and suggestions of every Tentative consultation relative party of project for the compensation County scheme, demolition and government, policies and demolition Within the project resettlement work. County project 2006.6 scheme in the scope 2.Resettlers Office and preparation of affected people representative participate resettlement plan in demolition and resettlement work. 1.Hold consultation meeting, concentrate on introducing conditions and go on accepting Further consultation of County Project opinions and compensation policies Office and suggestions. Land Acquisition and rehabilitation plan land-acquired 2007.8 2.Hold mobilization Location in revising resettlement household demolition work meeting, plan representative explain resettlement plan, compensation standards and answer the relocatee’s question.

3) In the process of resettlement plan, the project publicizes relative resettlement information to the residents in resettlement area, through holding the discussions with village officials and resettlers representatives or talk with resettlers randomly. Then they can know more about the land acquisition, land compensation standards, fund usage and resettlement information. Table 7.3-3 Information Disclosure

Disclosure Disclosure State Document Disclosure Way Date Location Situation introduction of the project 1. Hold the meeting June 2006 Project area Implemented

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(including land acquisition 2.Bulletin column 1.Resettlement August Introduction of the project of land Information Booklet 2007 Project area Implemented acquisition and removal 2.Hold the meeting June 2006 Disclose the bulletin of resettlement Bulletin column June 2007 Project area Implemented plan 1. Bulletin column Disclose original copy of the report 2. Published in the July 2007 Project area Implemented of resettlement plan newspaper 1. Bulletin column Disclose revised copy of the report 2. Published in the Dec. 2013 Project area Implemented of resettlement plan newspaper (1) County Project County Submission to ADB Office Jan.2014 Implemented PMO (2) Website

4) In June 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: ①Know about the project: 100% of resettlers know about. ②Know about the channel: 85.4% of resettlers know through investigators, 14.6% of resettlers through villagers in neighboring village ③Supporting attitude: All resettlers support the project. ④Influencing degree: 84.9% of 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; 6.7% of resettlers think the flood control benefit of the project is great, the negative effect caused by the land requisition and demolition is to a great extent; 8.4% of 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. ⑤Demolition and resettlement: 89.5% of resettlers would like to remove and build houses by themselves, hoping government arrange housing plot unitedly; 10.5% of resettlers choose centralized resettlement. ⑥Production resettlement: 43.2% of resettlers require cash compensation, 56.8% of

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resettlers require the adjustment of ground.

7.4 Public Participation Process in Implementation of Resettlement Plan Resettlers are encouraged to participate in the whole process of implementation of resettlement planning of the project. 7.4.1 Participation in Production Resettlement All the villagers of every village and group 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. 7.4.2 Participation in the Usage and Management of Land Compensation Fee Land compensation fee should be owned by collectivity of villages and groups, any unit and individual should not withhold and appropriate. After the compensation funds have been given to collectivity of villages and groups, it should be planned as a whole in order to ensure special funds for special purposes. The funds cannot be used until the usage is talked over and agreed in every group of villagers meeting and be supervised by villager representative. 7.4.3 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

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the project than women, they not only take part in every stage of work of resettlement but also give fineness rein to the direction and method of resettlement. In the period of surveying the project at large, all Women Directors of resettlement villages are invited to participate in surveying work group to propaganda and communicate with affected women; In the small colloquia of resettlers, more than 50% is female, besides they support the project actively, they showed that they pay closer attention to the correctness of surveyed index in kind, rationality of compensation standard and whether the compensation fee can reach in time etc. In the resettlement planning stage, resettlement design unit actively invite female resettlers representatives to discuss together, accept their opinions, requirements and existing problems on production resettlement and resettlement of demolition and houses building. The consultation work has positive significance in releasing women from the worry of living source and traditional production pattern and achieving equal proceeds in the production. Meantime, arrange for at least one-woman cadre in all levels of setup of the project; encourage women to participate in the implementation of the resettlement planning. A great deal of effort is made on the women’s demolition activities, especially the livelihood rehabilitation by resettlement implementation setup and local government in the process of implementation of the project. Give priority to women and provide more opportunities in the project construction.

7.6 Harmonization with the Residents in Resettlement Area The living environment after land acquisition will not change, as the resettlers need not to rebuild houses. There is no estrangement between the resettlers and former residents.

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

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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 villager’s committee can report to Town project Office in oral or written form. After processed by Town resettlement Office, the problems should be submitted to County project Office and supervision unit. Under the leadership of County project Office, organize professional personnel to verify on the spot, sign and issue disposal opinions, ratify and register the missed out item, wrongly entered or missed out index in kind and compensate according to the standard. 2) Compensation Standard A number of resettlers might have concerns on the compensation could not meet rehabilitation needs due to lack clear understanding about national resettlement policies and compensation. Prior to implementation of resettlement project, the design personnel should cooperate with all levels of government and resettlement office, do the technical explanation, explain national resettlement policies and computation process of compensation standard in order to make resettlers understand that compensation standard is compiled according to the national laws and regulations document, which can ensure resettlers move out, live comfortably, develop so as to release their misgiving. 3) Funds In the construction process, due to slow allocation of resettlement funds, houses building, and economic rehabilitation might be affected. Such questions require managers of implementation of resettlement control funds, schedule and quality to ensure resettlement funds can be used effectively as designated. The resettlement fund allocation should be in accordance with the schedule every month and resettlement project proceed according to the schedule.

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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 county, city and province of the resettlements and can investigate and deal with general appeal question of resettlement; —— Establish all levels of local resettlement management setup according to the law, every lever has the authority to supervise the lower level from province, city to county and can accept appeal case in the way of resettlement; —— Self-governed resettlement monitoring setup works according to relative regulations of nation, is responsible for maintaining resettler’s lawful rights and interests. The appeal problems of the violation of the rights of resettlers can also be accepted and reflected; —— The violation laws and discipline case relating to resettlement appeal can be accepted in the law departments such as administrative supervision, auditing, discipline inspection, judiciary and prosecutorial department. For the resettlement appeal system of the whole project, see figure 8.2-1 (2) Appeal Procedure There are two kinds of appeal procedures: ① If any resettler find any problems in land acquisition and house demolition, 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 setup, resettlement monitoring setup, complaint office, administrative supervision, disciplinary inspection and procuratorial department etc.) According to Administrative Procedure Law of People’s Republic of China. If resettlers are still not satisfactory, appeal to people’s court directly.

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② From May. 2003, ADB adopts a new accountability mechanism that enables people whose rights are violated by ADB loaned project may give opinion, find solution and report possible action violates ADB policies and procedures (including safeguard policies). In case the project-affected people are not satisfied with the resettlement plan, they can make their appeal through ADB accountability mechanism. The accountability mechanism provides independent forums and channels, where person affected by ADB financed project can raise a question, seek solutions, as well report possible violations of ADB policies and procedures. 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 Project Office of Hunan county, city and province province

Discipline Office of implementation and departments of management of project county, city and resettlement of Hunan province province

People’s letters and Office of implementation and Resettlement visits handling Office management of project monitoring and of county, city and resettlement of Zhongfang evaluation setup province County

Office of implementation and management of project resettlement of Zhongfang Town

Villager’s 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 Zhongfang County 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

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and neutralisation, so that the soil can meet the hygiene standard.

9.3 The Environment Management of the Resettlement Area The environment protection shall be fully considered during the planning and construction of resettlement area, we shall try our best to make the surroundings beautiful and comfortable. (1) Level the land of the cutting faces when excavating the new soil, and set up drainage ditches on the cutting faces when necessary to reduce the water scouring to the cutting faces; the waste area shall be forested as soon as possible so as to avoid the water and soil loss; houses and public facilities shall be constructed with the least damage to the forestry vegetation; and trees shall be planted on both sides along the roads. (2) Do a good job of the new houses cleaning: Renovate the environment and spray pesticide before the resettlers move in, and clean the weed and wastewater container or other things both in front and back of the house after settling in. (3) Choose a healthy and clean water source: set up a solid reservoir if it is required to take the spring as the water source, such pollution source as toilet, filter pit, manure pit, livestock barn, waste pit, rubbish pit and waste slag pit etc. are not allowed to be set up in the area 20~30m around the water source.

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10. Monitoring and Evaluation 10.1 Internal Monitoring 10.1.1 Internal Monitoring Agency Organization In this project, the Zhongfang County 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 implementation schedule and quality of development project of resettlers’ production; 2) The investigation, coordination and proposals for the main problems existing in resettlement and implementation agencies during the implementation process; 3) The family income rehabilitation after resettlers’ relocation; 4) The rehabilitation of vulnerable group; 5) The payment and usage of the resettlement compensation and the situation of fund in place; 6) Resettlers’ participations and consultation during the implementation period; 7) The resettlers’ training and effects; 8) 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

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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; 5) Submit the working schedule report in July every year; 6) Report the implementation situation to Provincial PMO semiannually, 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. It is negotiated that among 35 subprojects of the project, external monitoring and evaluation of 19 subprojects are undertaken by Changsha Xinghuan Water & Electricity Engineering Technology Development Co., Ltd. and eventually determined by ADB and Hunan Provincial PMO. The subprojects are composed of 8 core subprojects (in Loudi City, Xinhua County, Wugang City, Sangzhi County, Chenxi County, Yongzhou City, Huaihua City and Leiyang City) and 11 non-core subprojects (in Cili County, Xiangtan City, Xupu County, Shimen County, Jishou City, Hengyang City, Hengyang County, Fenghuang County, Baojing County, Zhongfang County and Luxi County). Resettlement and external monitoring & evaluation of the other 16 non-core subprojects are responsible by Hunan Hydropower Consulting Co,. Ltd.. The Zhongfang County PMO proposes Changsha Xinghuan Company as the resettlement monitoring & evaluation agency in this project. Based on actual conditions of the project, Hunan Hydropower Consulting Co. Ltd. will establish project department of monitoring & evaluation of unban flood control project in Zhongfang

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County and implement all the basic monitoring work through providing technical aid for EMO of resettlement, making resettlement investigation and investigating living level of the affected people. Project Department of monitoring & evaluation is proposed to be composed of experts and technical professionals who have rich experience in planning design, implementation management, monitoring & evaluation and supervision of resettlement.

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 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; ②The schedule of employment allocation for the labors; 2) Monitoring & Evaluation of the payment and utilization of resettlement fund is as follows: ①The situation of the fund being in place; ②The fund input and its utilization;

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③The evaluation of social and economic effects about the fund input. 3) Monitoring & Evaluation of resettlement production resettlement is as follows: ①The planning objective of resettlement production resettlement; ②The basic production situation before and after removal (including the employment situation); ③The 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. 10.2.4 The Methods of Independent Monitoring& Evaluation The monitoring and evaluation activities are conducted on the basis of the investigation data provided by agencies in charge of investigation design and relocation implementation. The evaluation is conducted on the basis of all-around understanding and adopted the combined methods of spot-checking and quick evaluation. Choose a typical model (resettlement household/ village), set up the corresponding evaluation index system according to the different affected objects, and invite the experienced resettlement expert to determine the weighting of each index by the way of “back-to-back”, and take the latest livelihood quality research at home and abroad as reference, manage the indices by dimension treatment, analyze and calculate the investigation achievements, and contrastively evaluate the calculation achievements. 1) Evaluation of Livelihood Standard The independent monitoring agency shall propose and conduct the investigation on basic living standard before implementation of resettlement, and set up a control group according to the random samples of APs. The investigation on living standard shall be repeated annually (it shall be conducted twice at least after implementation completion) so as to measure the change of APs’ living standards. This activity is one of the methods of determining the changes of APs’ living standards. The investigation table of living standard consists of every index used to measure production level and living standard, reflects the changes of production and livelihood by the developing changes of the same index before and after removal. Whether the design of the index reflects the change of production and living standard of the resettlers is truly showed in the base investigation. And the design of the index is improved according to the actual conditions, so as to

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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 participates 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 are conducted over and over again during the period of resettlement implementation and after implementation. 3) Complaints The independent monitoring agency shall visit the affected places at the fixed time, and adopt the way of holding talks with local RO and APs to ask about and understand the complaints. Moreover, the independent monitoring agency shall monitor the efficiency of disposal of the complaints continuously. As for the possible changes, the independent monitoring agency shall propose the suggestions if necessary to make the process of resettlement more effective. 4) Other Responsibilities The independent monitoring agency shall propose the suggestions to the project RO during the period of preparation for RP plan and implementation; meanwhile, it is also responsible for the monitoring of the following indicative items: (1) The payment and amount of the compensation; (2) Training; (3) The support to the vulnerable group; (4) The recovery and reconstruction of infrastructural facilities and special facilities; (5) The deployment and recovery of production; (6) The compensation of property loss; (7) The compensation of working time loss; (8) The transition allowance; (9) The compensation of repurchase fee of property loss;

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(10) The timetable of the above-mentioned activities (it can be used at any time); (11) The setup of resettlement network; (12) The utilization of collective land compensation fee and the resettlers’ incomes; (13) The situation of labor employment and incremental incomes. 10.2.5 The Procedure of Independent Monitoring & Evaluation

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

Work out detailed general outline of monitoring and evaluation;

The works in Study the technical line and working methods of monitoring early days 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 make a conclusion; Evaluation System

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Conduct the inside liquidation, analysis, calculation, evaluation, and conclude a conclusion; 10.2.6 The Period, Frequency and Standard of Monitoring & Evaluation 1) The period of monitoring: The working time of independent monitoring unit includes the engineering construction period and the two years after the completion of the project. 2) The frequency of monitoring: The frequency shall be reported at least twice a year at peak period and once in other years according to the schedule of resettlement implementation and arrangement of implementation intensity. And it shall supply consultation for County PMO. 3) The standard of monitoring：The investigation and sampling standard of IME: 5% APs in land acquisition and relocation; 20% affected village in land acquisition and relocation. 4) The time of monitoring report: Submit the monitoring report to the higher level twice at peak period (in July and December every year), and in other years submit it once in July.

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 Zhongfang County Urban Flood Control Project, and then submit the report to Provincial PMO and ADB.

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11. Resettlement Cost

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) Provisional Regulations on Cultivated Land Acquisition Tax of the PRC; 4) Methods of Hunan Province for Implementing the Cultivated Land Acquisition Tax (Revision); 5) 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); 6) A Notice on Hunan Provincial Land Acquisition Annual Output Value Standard Issued by Hunan Provincial People’s Government General Office (XZB[2005] No.47); 7) Regulations about Land Acquisition and Resettlement for Hydraulic and Hydropower Project (SD290—2003); 8) Investigation on tangible materials index affected by the project and achievements of resettlement planning. 13) Actual results finally implemented the project. 11.1.2 Compilation Principle 1) The production resettlement 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) Land compensation fee is determined by calculation of standard actually executed; 3) 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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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 6.5667 million yuan according to various kinds of the acquired land quantities and compensation standards. 2) Project-involved Temporary Land Occupation The temporarily-occupied land has a total area of 95.65mu, of which the dry farmland is 15.7mu and the waste land is 79.95mu. According to the compensation standards for various temporary land occupation, the temporary compensation fee of this project is calculated as RMB 0.0893 million yuan. 11.2.2 Subsidies for Vulnerable Group The subsidies for vulnerable group in this project is calculated as 1% of compensation fee for the land acquisition, and the investment is RMB 0.0371 million yuan, which is mainly used for offering various kinds of help or livelihood support fees for the vulnerable group affected by the project. 11.2.3 Resettlement Compensation Investment The resettlement compensation investment of this project is the sum of Item 11.2.1~Item 11.2.2, totally calculated as RMB 6.7302 million yuan. For details, see Table 11.2-1.

11.3 Other Costs 1) Cost for survey, design and scientific research: The cost of required survey, planning, design and scientific research for land acquisition and resettlement design, is calculated to be RMB 0.2019 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 0.2019 million yuan as 3% of the sum of cost for resettlement compensation and compensation investment on special facilities. 3) Implementation Agency Initiation Cost: Including cost for official rooms, vehicles and

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equipment procurement and other required costs for the start-up and operation of the resettlement implementation agency, which is calculated to be RMB 0.076 million yuan. 4) Technical Training Cost: Required cost for enhancing the production skills and cultural accomplishment of the rural resettlers and the management level of resettlement cadres. The cost is calculated to be RMB 0.0337 million yuan as 0.5% of resettlement compensation investment. 5) Supervision and M & E Cost: Cost for resettlement comprehensive supervision, monitoring and evaluation. The cost is calculated to be RMB 0.1010 million yuan as 1.5% of the sum of the cost for rural resettlement compensation and compensation investment on special facilities. Through calculation, the above-mentioned items of other costs total up to RMB 0.6145 million yuan.

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Budget for Resettlement Compensation Investment of Zhongfang Urban Flood Control Project

Table 11.2-1 Unit Price Investment Item Sub-item Sub-sub-item Unit Quantity Remarks (yuan) (In Y’0000) I. Land 669.31 Compensation (I). Permanent Land 194.43 656.67 Acquisition 1. Collective mu 194.43 656.67 Land 1.1 Cultivated mu 149.22 525.79 Land Paddy Field mu 92.76 40237 373.24 Dry Farmland mu 52.66 25834 136.04 Commercial mu 3.80 43455 16.51 Vegetable Plot 1.2 Garden mu 24.60 31562 77.64 Land 1.3 Unused mu 20.61 25834 53.24 Land 2.State-owned

Land 1.Urban Allocation for Construction mu 48 free Land (II) Temporary Land mu 8.93 Acquisition Including reclamation Dry Farmland mu 15.70 5689 8.93 cost of cultivated land No Unused Land mu 79.65 0.00 compensation Calculated as II. Subsidies for 1% of Vulnerable 3.71 compensation Group fees for land

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Budget for Resettlement Compensation Investment of Zhongfang Urban Flood Control Project

Table 11.2-1 Unit Price Investment Item Sub-item Sub-sub-item Unit Quantity Remarks (yuan) (In Y’0000) acquisition, houses and auxiliary facilities Total 673.02

11.4 Basic Contingency Fee The basic contingency fee is calculated to be RMB 0.7 million yuan as 10% of the investment sum of resettlement compensation, compensation for special facilities and other costs.

11.5 Relevant Tax 1) Cultivated land occupancy tax: According to the statistical materials of Zhongfang County in 2005, the cultivated land area per capita of agricultural population in the project area is 0.79 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 taxation standard for paddy field, dry farmland and garden field is 4~8 yuan/ m2, 4 yuan/m2 is adopted here; and the taxation standard for the urban professional vegetable plot is 10 yuan/ m2. The cultivated land occupancy tax is totally calculated to be RMB 0.4789 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, Zhongfang County belongs to Grade IV District, and the cultivation fee standard for cultivated land is: 8,000 yuan/mu for paddy field and 5,000 yuan/mu for dry farmland. According to the relevant regulations in documents issued by the Ministry of National Land Resources, State Economic and Trade Committee and the Ministry of Water Resources A Notice about Relative Problems of Land Acquisition for Hydraulic and

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Hydroelectric Project (GTZF[2001] No.355), for the cultivated land acquisition of project which is mainly for flood control, water supply (including irrigation) profits, the cultivation fee can be charged as 70% of the floor level of cultivation fee of cultivated land regulated by the People’s Government of each province. Hereby, the cultivation fee standard for cultivated land of this project is determined as 5,600 yuan/mu for paddy field and 3,500 yuan/mu for dry farmland. Through calculation, the cultivation fee for cultivated land totals up to RMB 0.8548 million yuan. The above-mentioned relevant tax is calculated to be RMB 1.3337 million yuan in total. See Table 11.5-1 for details. Calculation Statement for Relevant Tax of Land Acquisition in Zhongfang Urban Flood Control Project Table 11.5-1

Unit Amount (In Item Unit Price Quantity Remarks Y’0000) (yuan) I. Cultivated Land Occupancy 47.89 Tax 1. Cultivated Land 41.33 1.1 Paddy Field m2 4 61870.92 24.75 1.2. Dry Farmland m2 4 35124.22 14.05 1.3. Commercial Vegetable m2 10 2534.60 2.53 Plot 2. Garden Land m2 4 16408.20 6.56 II. Cultivation Fee for 85.48 Cultivated Land

11.6 Total Budget The total budget of compensation investment on land acquisition, demolition and resettlement in this project is RMB 9.4129 million yuan (the total investment excluding the relevant tax is RMB 8.0792 million yuan) and will be entirely listed into the total budget of the project and undertaken by the Zhongfang PMO. For details of total Resettlement Cost, see Table 11.6-1.

Total Resettlement Cost in Zhongfang Urban Flood Control Project Table 11.6-1

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Investment Item Sub-item Remarks (InY’0000) I. Resettlement

Compensation Fee 673.02 1. Land Compensation 669.31 8. Subsidies for Vulnerable Group 3.71 II. Other Costs 61.45 1. Cost for Survey, Design and 3% of tem I Scientific Research 20.19 2. Implementation Management 3% of Item I Cost 20.19 3. Implementation Agency

Initiation Cost 7.6 4. Technical Training Cost 3.37 0.5% of Item I 5. M&E Cost 10.10 1.5% of Item I III. Basic Contingency 10% of the sum of

Cost 73.45 Item I to Item II IV. Total Investment

(excluding tax) 807.915 V. Relevant Tax 133.37 1. Cultivated Land Occupancy

Tax 47.89 2. Cultivation Fee for Cultivated

Land 85.48 VI. Total Investment

(including tax) 941.29

11.7 Annual Fund Use The yearly investment plan of each resettlement compensation fee is worked out on the basis of resettlement progress arrangement. The annual fund use plan is arranged as follows: for the first year, RMB 2.2155 million yuan, accounting for 23.54% of the total investment; for the second year, RMB 5.6514 million yuan, accounting for 60.04% of total investment; for the third year, RMB 1.5460 million yuan, accounting for 16.41% of total investment. For details of yearly fund use plan, see Table 12.2-1.

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Phased Investment Plan Statement for Zhongfang Urban Flood Control Project

Table 12.2-1 Total 1st Year 2nd Year 3rd Year Item Sub-item Investment (Y’0000) (Y’0000) (Y’0000) (Y’0000) I.Resettlement

Compensation Fee 673.02 66.93 472.23 133.86 1. Land Compensation 669.31 66.93 468.52 133.86 2. Subsidies for Vulnerable Group 3.71 3.71 III. Other Costs 61.45 13.90 41.49 6.06 1. Cost for Survey, Design and

Scientific Research 20.19 4.04 14.13 2.02 2. Implementation Management

Cost 20.19 4.04 14.13 2.02 3. Implementation Agency Initiation

Cost 7.60 3.80 3.80 4. Technical Training Cost 3.37 1.01 2.36 5. M & E Cost 10.10 1.01 7.07 2.02 III. Basic

Contingency Cost 73.45 7.35 51.42 14.68 IV. Total Investment

(excluding tax) 807.92 88.18 565.14 154.60 VI. Relevant Tax 133.37 133.37 1 Cultivated Land Occupancy Tax 47.89 47.89 2. Cultivation Fee of Cultivated

Land 85.48 85.48 VII. Total Investment

(including tax) 941.29 221.55 565.14 154.60

11.8 Fund Flow Compensation fee for this resettlement project is completely supplied with the matching fund by the local government. The compensation fund is paid and used according to the compensation policies and standards determined in the resettlement activity plan. The funds are appropriated under the supervision and management of the interior monitoring agency and checked by the exterior monitoring agency. Zhongfang County PMO signs Contract Agreement of Resettlement Task Investment

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in Zhongfang Urban Flood Control Project with County Project Resettlement Office (County Project RO) and pays the County Project RO in terms according to resettlement implementation progress. The County Project RO then appropriates in classifications according to construction projects: 1) Land Acquisition: the County Project RO signs Agreement of Land Acquisition Compensation and Attachments on Field with townships (management section) and villager’s committees affected by the project. The payment of compensation funds are paid to the Township (management section) Resettlement Office by County Project RO through banks 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’s committee or villager’s group. The relative villager’s committee uses the land compensation fee for developing the production. The resettlement subsidies are paid to the rural collectivity. Then the rural collectivity pays the resettlement subsidies to institutions or individuals according to resettlement scheme. Compensation fee for the attachments on field is paid to the owner through the villager’s committee. 2) Residential Houses: County Project RO signs Agreement of Demolition Compensation for Project Resettlement Families with the involved and affected demolition resettlement households according to the following contents: basic conditions of the demolished houses, compensation amount, subsidies, payment mode and deadline, and demolition time limit, etc. The compensation fund is appropriated directly to the affected households by County Project RO. 3) Non-residential Houses: County Project RO signs agreements with the relocatee on the contents of compensation standard, resettlement mode and demolition time limit, etc. The compensation fund is appropriated directly to the relocatee by County Project RO. 4) Compensation Fee for Public Infrastructural Facilities: County Project RO signs the Agreement of Compensation for Public Infrastructure with the project-affected township (management section) and the villager’s committee, or the Contract of Resettlement Project Construction with the construction unit directly. The compensation fund is paid to the relative townships, the villager’s groups and the undertaking units in batches according to the stipulations of the contractual agreement.

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5) Special Facilities: County Project RO signs 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 County Project RO via the bank. For details of resettlement compensation fund flow of this project, see Fig. 11.8-1.

11.9 Fund Management and Audit 11.9.1 Appropriation Principle 1) All the expenses related to land acquisition demolition are listed into the project engineering total budget, and compensation fees for land acquisition demolition and other expenses are paid by PMO via County (District) Resettlement Office (County (District) RO) to the relevant units and individuals; 2) The land acquisition fees are paid by County (District) RO via the bank to the administrative villages, which will use them in principle for production rehabilitation of the villagers’ groups that are directly affected by the project or absorb the resettlers; 3) The compensation fees for the resettlers’ houses are paid by the County (District) RO to the resettlement households before their building houses. If the compensation fee for houses is paid by installment to the resettlers, the last sum of amount is paid to them before the completion of building houses; 4) The land compensation fee will be paid three months before the acquisition of the land. 5) In order to ensure the smooth implementation of resettlement of land acquisition demolition, the project office shall establish finance and supervision organs at various levels, so as to ensure the timely appropriation of all the funds in place. 11.9.2 The Organ in Charge of Resettlement Finance 1) The organs in charge of compensation fund for the rural land acquisition are the County (District) RO, LAB, special finance organ under town (township) and village committee. 2) The organs in charge of compensation fund for rural housing demolition and special facilities are the special finance organ under the County (District) RO. 3) For the resettlement fund, carry out the level-by-level appropriation mechanism from the above to below. The organs at the various levels strictly carry out the financial settlement and auditing system, examine and report the fund fulfillment and utilization to

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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.

131 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

County Land Compensation County Project RO Township RO Villager’s Committee or Villager’s Group PMO

Fee County Resettlement Subsidies County Project RO Township RO Villager’s Committee or Villager’s Group PMO

Compensation Fee for Resettlement County County Project RO Township RO Villager’s Young Crops PMO Household Committee

Relocatee Compensation Fee for County County Project RO Township RO Residential Houses PMO Household

and Auxiliary Facilities County Relocation Subsidies County Project RO Township RO Relocatee Household or the Relevant Unit PMO

Compensation Fee for County County Project RO Construction Unit PMO Infrastructural Facilities

Compensation Non-residential County County Project RO Relocatee PMO Fee for Production and

Resettlement Business Shutdown

LossNon- residential County County Project RO Relocatee PMO Relocation Subsidies

Compensation Fee for County County Project RO Principal Construction Unit PMO Department for Special Facilities Special Facilities

Subsidies for County County Project RO Township RO Vulnerable Group PMO

Vulnerable Group Planning and Design County Resettlement Design PMO Unit

Cost County M&E Cost M & E Unit PMO

County Technical Training Cost Technical Training PMO

Unit Implementation County Resettlement Implementation Organ at Various Levels Management Cost PMO

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

132 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

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) 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.

12.2 Progress 12.2.1 Project Implementation Progress According to the Feasibility Study Report on Hunan Province Zhongfang County Urban Flood-control Project Utilizing Loans from Asian Development Bank, which is compiled by the Hunan Province Huaihua City Hydraulic and Hydropower Design Institute, The total construction period of the project shall be 3 years, including 32 months for main-body works. This progress plan excludes construction preparatory period. In the preparatory period, roads, factories and warehouses for construction use and other auxiliary facilities shall be set up in the construction sites, and so shall a small quantity of live facilities. In accordance with the project scope, main-body works of the project shall be carried out by stages and sections, and completed in 3 years; The 0.864-km Zhuoshui Riverway Dredging and the 1.7214-km Maolixi (north and south) Flood-control Embankment shall be completed in the first year (2007~08); The 2.871-km Jingping Flood-control Embankment shall be completed in the second or third 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

133 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

implementation schedule. 1) Detailed resettlement investigation is finished in June 2006; 2) Amendment and improvement plan of Resettlement Plan is prepared and submitted to ADB in August 2007; 3) Determine the external monitoring and evaluation agency before the end of October 2007, and begin to sign agreements on project land acquisition and relocation with affected parties in December 2007; 4) Restoration of resettler’s production and life from December 2007 to end of March 2009; 5) Resettlement job training and resettlement staff training program is arranged in December 2007 and August 2008; 7) Preparation and submission of internal and external resettlement monitoring and evaluation reports in July and December every year; 8) The acceptance of resettlement works is carried out in May 2008; and resettlement completion report will be carried out in June 2008. Detailed implementation schedule is shown in the Table 12.2.2-1

134 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

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

2006 2007 2008 2009 2010 Activities 1 3 5 7 9 # 1 3 5 7 9 11 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 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 and non-land based rehabilitation)

Infrastructures Restoration Resettlement Training Program Implementation of M&E Resettlement task acceptance Resettlement Completion Report

135 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Appendix 1: Resettlement Information Booklet (have issued to Aps) 1. Project Background The areas in Hunan Province, which are brought into this urban flood control project, are limited to the cities above county grade in hilly sections with relatively serious flood disaster. All the cities are considered as the areas with developed economy, dense population and centralized wealth. If the cities are submerged, the loss will be great, and the economic development will be supportless. At present, the urban flood control standard in the project area is low. Flood disaster happens in successive years, seriously restricts the urban economic development and affects the live and property safety of urban people. For Zhongfang County, as the sub-project city of the urban flood control project under ADB loans, its flood and waterlogging control capacity can be absolutely improved through the project implementation. The flood control standard will be enhanced from the current 3~5-year occurrence to 20-year occurrence; and the waterlogging control will be enhanced from the current occurrence to 10-year occurrence. That can greatly reduce the urban flood control burden of Zhongfang County and benefit the normal social development. The main engineering measures involved in land acquisition and relocation of Zhongfang County Urban Flood Control Project are: building of embankment and flood diversion channels, dredge of riverway, and new-building of culvert sluices, and there also is temporary land acquisition as project construction site and borrow area, etc. The areas in the project land acquisition, with the residents’ production and living seriously affected by the project construction, are considered as the affected areas of the project land acquisition and relocation. The final land acquisition and relocation range may be partially adjusted with the deepening of the designed depth. However, due to detailed survey conducted, such adjustment will be very limited and final scope of impact figures will not expect any major changes. 2. Project Affected Area and Quantity According to the investigation, the project land acquisition and relocation affect 5 villager’s groups in Jingping Village, Zhongfang Town of Zhongfang County. There are various project permanent land acquisition of 242.43 mu (including collectively-owned land area of 194.43 mu and state-owned land of 48mu) and project temporary land

136 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

acquisition of 95.65 mu (including dry farmland of 15.7 mu, wasteland of 79.95 mu). The project need not remove houses. 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 readjusting current cultivated land within project-affected village, 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) 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) 4) 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 7, 2006) 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

137 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

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) 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) 8) Resettlement Policy by ADB: Resettlement Handbook—Feasible Practice Guide 4.2 Policy Objectives 1) Avoid or reduce to the minimum the tangible material quantity of land acquisition relocation and resettlement by adopting measures of engineering, technique and economy, etc.; when the land acquisition is unavoidable, effective measures shall be adopted to best reduce the affection caused by the land acquisition relocation to the production and livelihood of local residents. 2) In the preparation period of this project, process the social economic investigation and compile corresponding resettlement plan; 3) Resettlement shall aim at improving or at least recovering the original living level of the resettlers; 4) Advocate resettlement of development. The rural resettlement adopts 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 are considered in priority to be resettled in the original community; 7) The resettlers and original residents in the resettlement area get benefit from the project. 4.3 Compensation Standards 4.3.1 Land Acquisition and Occupationc 4.3.1.1 Collectively Owned Rural Land 1. For the project construction land acquisition, the village obtains the land compensation cost and resettlement subsidy paid by the land acquisition unit; and relocatee obtains young crop cost and ground adhesion matter compensation cost an so on; What’s more, If the land readjustment or the land reclamation is carried out inside the villager’s group to make the affected farmers by land acquisition obtain land

138 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

or other means of production, the land compensation fee and the resettlement subsidies should be controlled for utilization by the villager’s group collective. On the contrary, if there is no possibility to carry out land readjustment or land tidying or development, and the relocatee has not got any production materials, the village group pays the resettlement subsidy and no less than 75% of land compensation to them, and the remaining land compensation shall be managed and used by the village group collective. 2. The average annual output value (AAOV) for the acquired farmland will follow A Notice by General Office of Hunan Provincial People’s Government about Issuing Land Requisition Annual Output Standards (XZF [2005] No. 47); and compensation multiples will follow relevant national laws and provincial regulations such as Land Administration Law of the People’s Republic of China，Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China, and Land Acquisition and Resettlement Regulation for Large and Medium Water Resources and Hydro Project. The land compensation will be set at 10 times of AAOV of this cultivated land, and resettlement subsidy will be set at 6 times of AAOV of this cultivated land. For acquired fruit garden, residential plot, and other rural lands, they follow relevant regulations on cultivated land for adequate compensation. 4.3.1.2 Temporary Land Occupation 1. Compensation for temporary land occupation includes compensation for green crop, compensation for land occupation, and compensation for land restoration. The length of temporary land occupation will be 2 years, If temporary land occupation exceeds 2 years, temporary land occupation should be re-applied. 2. Compensation for land occupation is mainly used to compensate the total outputs lost during the land occupation, which is based on original average annual output value and length of land occupation. 3. When the construction is completed, the occupied land areas are restored and returned to the affected villages. For the affected dry farmland, they are restored into original condition and cost of land restoration is based on actual cost. 4.4 Payment of Compensation Fee

139 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

1) The relocation compensation for land acquisition and other costs are paid to the affected collectivities and individuals by the project Office through the county’s resettlement Office; 2) The compensation for land is paid to the relevant communities and individuals before land acquisition. 4.5 Rehabilitation Strategy For the land acquisition affection, the economic rehabilitation is processed on the basis of the rehabilitation schemes in the village area such as land adjustment. 5. Responsible Institution for Resettlement To ensure the successful and effective implementation of the resettlement plan, institution net-work is set in government of various grades to benefit for being responsible for planning, coordinating, implementing and monitoring the resettlement activities. The institutions set or involved in the land acquisition and relocation of this project are: 1) Provincial Project Resettlement Leading Group 2) Provincial Project Resettlement Office 3) County Project Resettlement Leading Group 4) County Project RO 5) Town Resettlement Office 6) Villager’s 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’

140 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

appealing to higher authorities for help, are established in the county (city), 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, city to county, 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; ④ Legal departments of administration supervision, audit, disciplinary inspection, judicial administration, inspection are established in various grades of State, province, city and county. They can process the cases about irregularity and principle violation appealed by the resettlers. 2) Appeal Procedures

There are two kinds of appeal procedures:

(1) If any resettler find any problems in land acquisition and house demolition, 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 cannot be solved, in accordance with appeal channel, village committee can appeal to administrative setups step by step such as project office, resettlement management setup, resettlement monitoring setup, complaint office, administrative supervision, disciplinary inspection and procuratorial department etc.) According to Administrative Procedure Law of People’s Republic of China. If resettlers are still not satisfactory, appeal to people’s court directly.

(2) In case the project-affected people are not satisfied with the resettlement plan, they can make their appeal through ADB accountability mechanism. The accountability mechanism provides independent forums and channels, where person affected by

141 Zhongfang County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

ADB financed project can raise a question, seek solutions, as well report possible violations of ADB policies and procedures.

Resettlement Office is responsible for keeping records of all appeal problems and solving process and keeps in the archives.

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Attached Drawing 3

上

First Floor Plan Second Floor Plan

Facade Elevation Drawing Right Side Elevation Drawing

Typical House Structure for Rural Resident Drawing 1

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Attached Drawing 3

Left Side Elevation Drawing

上

First Floor Plan Facade Elevation Drawing

Typical House Structure for Rural Resident Drawing 2

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Attached Drawing 3

Facade Elevation Drawing

上

First Floor Plan Left Side Elevation Drawing

Typical House Structure for Rural Resident Drawing 3

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Attached Drawing 3

Elevation Drawing Left Side Elevation Drawing

Plan Roof plan

Typical House Structure for Rural Resident Drawing 4

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Appendix 2 Due Diligence report 1. Introduction 1.1 Project Background

With Wushui River, Fangxi River, Zhuoshui River, Maolixi River, Yanxi River, Dongnianxi River, Zengjiaxi River, Laowuxi River and Caojiaxi River, etc. being distributed around the urban area, Zhongfang County is a newly established County. There are 5 reservoirs scattered around the County: i.e. Fangxi Reservoir, Xiaoxi Reservoir, Wuxi Reservoir, Songbeixi Reservoir, Xinwanxi Reservoir. Without any dyke facilities on the sections of the Wushui River, the natural river bank is the only protection/barrier that people can depend on for keeping away the flood. After the curve cut-off and rebuilding, both riverbanks of Maolixi River are protected by stone masonry, the flood control standard has reached 3~5-year occurrence. Besides, with seepage and waterlogging drainage partially built on the first section of the Jinshan of Zhuoshuixi River and the east section of No. 209 National Highway, the waterlogging control standard has reached 10-year occurrence. Other rivers are in natural state without any dyke protection, the flood and waterlogging control capabilities are low, so flood and waterlogging disasters will occur easily. As a subproject-located city of Urban Flood Control Project Utilizing ADB Loans, the flood control and waterlogging capabilities can be elevated obviously by way of project implementation, with flood control standard enhanced from 3~5 year occurrence to 20-year occurrence, accordingly greatly mitigating the urban flood control burdens of Zhongfang County and being favorable for normal development of the society. 1.2 Why Due Diligence is Required

The civil works contract of the Zhongfang Subproject has been approved by ADB, but the RP which was originally submitted 2008 hasn’t had final approval by ADB. However, its land acquisition work has already begun, and some of the work in this regard is inconsistent with the draft RP, so a due diligence review must be submitted to ADB to let them review if the relocation work of this subproject is carried out adequately, and the RP revised to reflect the actual and planned situations. This report presents the latest status of relocation progress and evaluates if the compensation amount is enough, the quality of the implemented relocation, the satisfaction degree of the affected household and their complains, current

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problems and suggested solutions, etc. This will enable ADB to quicken the examination and approval process for the RP of this subproject. 1.3 Whether RP has been Followed

There are 3 differences between the actual implementation and relocation of Zhongfang Subproject and the RP draft: which are listed as follows: ① Implementation time schedule: according to the RP draft, the land acquisition starts from December 2007 and ends till March 2010; while the actual land acquisition started from October 2007, and until now 20% of land acquisition has been completed. It is estimated that all land acquisition work will be completed by October 2010. ② Land acquisition scope: according to the draft RP, the planned land acquisition only involves Jingping village, but the 48mu that has been acquired presently belongs to Tongluo village, because the land of Tongluo village is missing in the draft RP. So, the subproject is actually affecting Jingping village and Tongluo village. ③ Land type and amount: according to the draft RP, the planned land acquisition only involves the collective-owned land of Jingping village, but the 48mu that has been acquired presently is the state-owned land of Tongluo village, the main cause leading to this change is the state-owned land of Tongluo village is missing in the RP draft. So, 48mu state-owned land shall be added into the planned land area, the total amount of land acquisition should be 242.43mu.

2. Resettlement Impacts by the Project 2.1 Scope of Resettlement Impacts

Based on the Overall City Planning of Zhongfang County, combining with its distribution of water system and natural topography, and on the precondition that the width of the waterway meet the 100-year flood discharge, the urban area is divided into 3 protective blocks, i.e. northern block of Maolixi, southern block of Maolixi and Hexi block. The land acquisition regarding this subproject has impacts on Jingping village including 5 villagers’ In addition to Jingping village, 48mu has been acquiredin Tongluo village., The land acquisition under this subproject is actually affecting two villages: Jingping village and

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Tongluo village. 2.2 Amount of Land Acquisition

(1) Permanent Land Acquisition Originally, the planned land acquisition only involves the collective-owned land of Jingping village, the planned permanent land acquisition involves 5 villagers’ groups of Jingping village of Zhongfang County, and covers various categories of land of 194.43mu. All of the land are collective-owned, including 92.76mu paddy field, 52.66mu dryland, 3.8mu commodity vegetable plot, 24.6mu garden plot and 20.61mu unused land. While the 48mu that has been acquired presently is the state-owned land of Tongluo village, the main cause leading to this change is the state-owned land of Tongluo village is missing in the RP draft. So, 48mu state-owned land shall be added into the planned land area, the total amount of land acquisition is 242.43mu. The statistics of permanent land acquisition are indicated in details in Table 2.2-1. Table 2.2-1 Zhongfang Subproject Permanent Land Acquisition Statistics Table

Collective-owned Land (mu)

Township Villagers' Farming Land State-owned Village Total (mu) (Town) Group Unused Land (mu) Total Garden Plot Commodity Land Subtotal Paddy Field Dryland Vegetable Plot

Zhongfang 2 7 242.43 194.43 149.22 92.76 52.66 3.8 24.6 20.61 48 County

Jingping 5 194.43 194.43 149.22 92.76 52.66 3.8 24.6 20.61

Xinyuan 37 37 27 12 13 2 4.6 5.4

Shuangfeng 30.9 30.9 17.8 6.5 9.5 1.8 10 3.1

Paifang 47.2 47.2 41 30 11 2 4.2

Xintang 37.9 37.9 28.2 21 7.2 8 1.7

Shuitian 41.43 41.43 35.22 23.26 11.96 6.21

Tongluo 2 48 48 Village

Group 6 30 30

Group 7 18 18

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(2) Temporary Land Occupation Based on the layout of the dyke of the works, the planned temporary works covers 95.65mu, including 15.7mu dryland and 79.95mu waste land. ① Chenjiawan and Jinyuanshan of Jingping village have been chosen as the borrow yards, with a total area of 36,218m2 ; ② The spoil yard is located near the borrow yards, with an area of 19,810 m2. ③ The temporary houses including cement warehouse, sand gravel stockpile, concrete mixing plant, concrete precast yard, steel and lumber processing plant, etc are located at the open space near the dyke road with a total area of 5,303 m2 . A few newly-built houses for construction workers accommodations can also be built at the open space near the dyke. ④ The temporary land acquisition of this subproject involves 1 town, one administrative village and 2 villagers’ groups, covering various land areas of 95.65mu with averaging 2-year land borrow period. The statistics of investigation results of temporary land occupation are indicated in details in Table 2.2-2. Table 2.2-2 Zhongfang Subproject Temporary Land Occupation Statistics Table

Temporary Land Occupation (mu) Townshiip Category of Village Remarks (Town) Material Yard Total Dryland Waste land

Zhongfang 1 95.65 15.7 79.95 County

Jingping 95.65 15.7 79.95

Soil Material 54.3 11.71 42.59 Yard

Spoil Yard 29.7 2.6 27.1

Temporarily 11.65 1.39 10.26 Built Site

2.3 Number of Affected Households and People

1) Affected Population by Land Acquisition Since this subproject is distributed along the river in linear shape, most of the

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residents will lose their partial land due to this subproject construction. The land acquisition of this subproject will have impacts on 357 residents within 103 households, among which 327 residents within 89 households are affected by permanent land acquisition, 30 residents within 14 households are affected by temporary land acquisition. Various affected population by this subproject are indicated in details in Table 2.3-1.

Table 2.3-1 Affected Population Summary by Land Acquisition of Zhongfang Subproject

Land Acquisition without Total Population Village Demolition Township Needing Affected Type (residential (Town) No. of No. of Economic committee) Population Population Household Household Rehabilitation

1. Permanent Land 1 1 89 327 89 327 117 Acquisition Zhongfang 1 89 327 89 327 117 Town

Jingping 89 327 89 327 117

2. Temporary Land 1 1 14 30 14 30 Acquisition Zhongfang 1 14 30 14 30 Town

Jingping 14 30 14 30

3. Affected Total 1 1 103 357 103 357 117 Population 2) Affected Population by Houses Demolition This subproject only involves land acquisition and does not involve residents relocation and reconstruction. 3) Total Affected Population The land acquisition due to this subproject has impacts on 357 people within 103 households, without any demolition and relocation of households. All of them are in

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need of land acquisition but not demolition (including 30 people within 14 households affected by temporary land use).Among all the people affected by land acquisition, 117 agricultural population need economic rehabilitation. 2.4 Loss of Buildings and Other Assets

(1) Affected Population by Demolition This subproject does not involve any relocation of residents, so there is no loss of buildings and other assets. (2) Affected Enterprises and Institutions The construction of this subproject does not have any impacts on any enterprises or institutions. (3) Affected Individual Businessmen The construction of this subproject does not have any impacts on any individual businessmen.

2.5 Analysis of Impacts

2.5.1 Characteristics of Subproject Impact

1) This subproject does not involve any residents relocation and houses demolition. The works do not cover much of farming land, the acquired farming land only account for 7.9% of the total farming land in those involved villagers’ groups. 2) This subproject construction needs 242.43mu permanent land acquisition, among which 149.22mu farming land (including 92.76mu paddy field, 52.66mu dryland, and 3.8mu commodity vegetable plot) and 48mu state-owned land, each accounting for 62% and 20% of the total land acquisition respectively. The remainder 18% are made up of garden plot, forest land and waste land, which are distributed in 5 villagers’ groups in Jingping village of Zhongfang County except the state-owned land in Tongluo village of Zhongfang County. The land layout presents a linear and scattered characteristics. 327 people are affected by permanent land acquisition under this project.Per capita cultivated land of the affected people is 1.34 mu/person, out of which 0.46 mu/person will be permanentally acquiredy.

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3) This subproject construction has no impact on individual business shop. 4) No enterprises and institutions suffered from any land acquisition within the scope of this subproject. 5) No special facilities affected by land acquisition within the scope of this subproject.

2.5.2 Comment on Analysis of Impacts

The planned permanent land acquisition of this subproject construction takes a linear shape. The affected population by land acquisition are 357 people within 103 households, among which 327 residents within 89 households are actually affected by permanent land acquisition, 30 residents within 14 households are actually affected by temporary land use. The 103 households affected by land acquisition only need land acquisition without any relocation. So, this subproject construction will have limited impacts on the agricultural production of the involved villagers’ groups. Regards the whole project site, the impacts are only partial, it will not exert a big impact on the local industrial and agricultural production, people’s livelihood and social and economic development. However, for each affected person, the impact on production and livelihood is not minor, since 0.46 mu/person out of 1.34 mu/person will be permanently acquired. The production and livelihood of relocatees can exceed the level before land acquisition by means of appropriate rehabilitation measures. By means of the RP, this subproject has adopted the measures of resettling the relocatees’ in a region with superior natural, traffic and social conditions, and of offering preferential and supportive policies, technologies, finances and materials, so as to help the relocatees restore and reach their original livelihood level. 3. Implementation Procedures 3.1 The Key Steps of Land Acquisition Process for the Proposed Subproject Site

In February 2004, the application and approval procedures of land acquisition for Zhongfang Subproject were completed-Hunan People’s Government examination and approval form for agricultural land transfer and land acquisition ([2004] ZGTZ No. 95) In October 2007, land acquisition went into operation.

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Although one-time application and approval for land is needed and the final approval is obtained, considering that one-time fund collection in a short time is difficult, the land will be acquired section by section according to implementation progress of civil works, and the priority will be given to the land within the section of the completed civil works. Currently, the civil works section under construction is only involved with state-owned land so the current acquired land is state-owned land. The acquisition of the collectively-owned land in the section where civil works is not started is not commenced. Because of funding difficulties, it’s not available for a short while. It will be planed to implement later. 3.2 Basic Timelines of Land Acquisition Process for the Proposed Subproject Site

The land acquisition was commenced in October 2007, and has to date completed 20% of its goal. The final completion of all the land acquisition is expected to occur in October 2010. Detailed comparison of resettlement plan and implementation progress of Zhongfang Subproject is showed in table 3.2-1 below: Table 3.2-1 Implementation Progress

Implementation Progress

Current Progress Subproject Anticipated Commencement Completion Time Completion of Completion Percentage of Time Land Acquisition Demolition and Relocation

Demolition and Relocation Zhongfang 2007.10 20% 2010.10 not Involved 3.3 Current Status

(1) Implementation Progress of Civil Works: there is only one bid section involved in the civil works of Zhongfang Subproject. The contract price is RMB 34.587446 million yuan; the construction unit is Huaihua City General Group for Hydraulic & Hydropower Engineering; the supervision unit is Hunan Jianghe Hydraulic & Hydropower Engineering Construction Supervision and Management Co., Ltd.; the commencement time was September 2008; the current completion progress is 16%; the cumulative investment of RMB 6.6240 million yuan has been completed, which accounts for 19% of the total investment. Detailed implementation progress of civil works of Zhongfang

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Subproject is showed in Table 3.3-1: Table 3.3-1 Summary of Implementation Progress of Civil Works

Contracts for Civil Progress of Civil Works Implementation Status Contracted Works Name of Bid Contract Price Commencement Time Limit (Countersigned Section (10,000 yuan) Time (Day) Progress Cumulative Completed Land Houses /Total) this Period Progress Investment Acquisition Demolition

No.1 Bid None 1/1 3458.7446 1095 2008.9 16% 19% 20% Section required (2) Current Situations of Land Acquisition: according to the RP draft, the planned land acquisition only involves Jingping village, but the 48mu that has been acquired presently belongs to Tongluo village, because the land of Tongluo village is missing in the RP draft. So, the subproject is actually affecting Jingping village and Tongluo village. So, 48mu state-owned land shall be added into the planned land area, the total amount of land acquisition should be 242.43mu. Land acquisition was commenced in October 2007. By the end of August 2009, the acquisition of the state-owned land with an area of 48mu of Tongluo village had been completed, accounting for 20% of the total land acquisition. To date, the land acquisition of the collective-owned land of Jingping village has yet to start.

4. Consultation and Disclosures 4.1 Key Consultation Activities during the Process of Land Acquisition

In October 2007, land acquisition work was commenced; in June 2008, the Zhongfang County Government, Project Management Office, National Land & Resources Bureau, village cadres, and the relocatees representatives carried out communication and consultations in respect of and compensation standards again. Communication and consultations will be further carried out when the collectively-owned land acquisition starts. The detailed consultation activities are indicated in Table 4.1-1.

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Table 4.1-1 Summary of Consultation Activities

No. of Time Site Participants Content Participants

Village Head of Jingshanyuan Village, Group Leaders of Groups 6 and 7 of Tongluo Village, Deputy Director of Soliciting Opinions on Land Naitonal Land & Naitonal Land & Resources Bureau, 16 people Acquisition and Project Land 2008.6 Resources Bureau Office Section Chief of Land Acquisition (including 5 Acquisition Compensation of Zhongfang County Section, Assistant Surveyor of the females) Standards County Government, Deputy Chairman of P.C.C., Project Management Office, and People's Representatives 4. 2 Key Information Disclosures of Land Acquisition Process Currently, the Zhongfang Project land acquisition covers only an area of 48mu, which is exclusively state-owned land. Information concerning the required subproject land acquisition, compensation standards, and the use of funds were distributed to residents of affected areas through holding symposia and putting up bulletins. 5. Relevant Compensation Policies 5.1 Compensation Policies for the Acquired Land

For Zhongfang Subproject, the compensation policies of land acquisition in the RP draft are based on the Notice About Releasing Hunan Land Acquisition Annual Output Standard by General Office of Hunan People’s Government (XZBF [2005] No. 47). The currently acquired 48mu state-owned land comes from gratuitous assignment (no payment). Therefore, there is no precedent for land acquisition implementation price. The detailed compensation standards for permanent acquisition of various categories of land are indicated in Table 5.1-1. Table 5.1-1 Table of Compensation Standards for Permanent Acquisition of Various Categories of Land for Zhongfang Subproject

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Actual Land Property Planned Compensated Category of Land Unit Compensated Right Standard Standard Paddy Field yuan/mu 22646

Dryland yuan/mu 15593 Collective- Commodity Vegetable Plot yuan/mu 39155 owned Land Garden Plot yuan/mu 20070

Land for Other Purposes yuan/mu 2745

5.2 Compensation Policies for the Attached Properties

Zhongfang Subproject does not involve special facilities and other properties. 5.3 Compensation Policies for the Demolished Houses

This subproject does not involve any relocation of residents, so there is no loss of buildings and other assets. 5.4 Allowance or Assistance for Moving and Relocation

This subproject does not involve any relocation resettlement of residents. 6. Resettlement Fund Allocation 6.1 Change of Total Resettlement Cost Estimate

The total planned resettlement is RMB 5.869 million yuan. According to the current implementation progress of land acquisition, the total investment for resettlement is not expected to experience any major change. 6.2 Sources of Resettlement Funding

The expenses required in the land acquisition compensation all derive from the supporting funds of local government of the subproject-located site. The cumulative funds available have mounted up to RMB 2.8 million yuan, accounting for 47.7% of the RP investment. 6.3 Implementation Status

By the end of August 2009, the total area of land acquisition was 48mu. No payment is involved as all the land is acquired through assignment of state-owned land.

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6.3.1 Compensation Delivery for Attached Attachments

No houses or other land attachments are involved in land acquisition area of this subproject. 6.3.2 Compensation Delivery and Rehabilitation Measures for Acquired Land Areas

(1) Compensation for Land Acquisition: Compensation of planned land acquisition is RMB 3.6209 million yuan. To date, a total of 48mu has been achieved in land acquisition. No expenses, however, are incurred, as all the land is acquired through assignment of state-owned land. (2) Rehabilitation Measures in Implementation: Currently, land acquisition of collective-owned land has not been commenced, so the production arrangement for the residents of affected areas has not been in operation. The acquired state-owned land is acquired without payment, where there is no population needing relocation and economic rehabilitation, and therefore rehabilitation measures are not needed. 6.3.3 Compensation Delivery and Rehabilitation Measures of Relocated Households

This subproject involves no residents relocation, so there are no relocatees. 6.3.4 Compensation Delivery for Enterprise/Institution The institutional structure is not affected by this subproject.

7. Complaints and Grievance Mechanism Up to now, no formal grievance has been received.

8. Assessment and Conclusion 8.1 Satisfaction of Affected People

This subproject only involves land acquisition and does not involve demolition and resettlement. Currently, only land acquisition of state-owned land has been partly implemented, while acquisition of collective-owned land has not been started. Therefore, the production arrangement for relocatees has not been commenced, i.e., no actual

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interests of the residents for the affected areas have been influenced. 8.2 Conclusion of Due Diligence Review

Concerning Zhongfang Subproject, the Employer and governments at all levels paid much attention to the related demolition and relocation. Meanwhile, they timely established and consummated the resettlement implementation agencies and arranged appropriate work staff for them. Since the start of the subproject, the Employer and resettlement agencies at all levels have done a lot of preliminary work. Currently, the state-owned land acquisition starts, the collectively-owned land acquisition is in the next step plan. The land acquisition was commenced in October 2007. Currently, the completed land acquisition (exclusively state-owned land) accounts for 20% of the total planned land acquisition. Acquisition of collective-owned land has not been started. According to the RP draft, the planned land acquisition only involves the collective-owned land of Jingping village exclusively, but the 48mu that has been acquired presently is the state-owned land of Tongluo village, the main cause leading to this change is the state-owned land of Tongluo village is missing in the RP draft. So, both Jingping village and Tongluo village are actually affected in this project, and 48mu state-owned land shall be added into the planned land area of Tongluo village, the total amount of land acquisition should be 242.43mu. This subproject only involves the land acquisition and does not involve any relocation of residents, so there is no loss of buildings and other assets. Annex 1: Photos

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Zhuoshui River Dyke Section of Civil Works Under Construction (The levee is constructed on a floodway which is completely reconstructed）

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Annex 2: Approval Documents of Land Acquisition

Government of Hunan Province Approval of agricultural land switch and land acquisition

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Appendix 3 Schematic Drawing of Geographic Position of Zhongfang County Urban Flood-control Project

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Appendix 4: Plane Layout Drawing of Zhongfang County Urban Flood Control Project

Attached Drawing 3

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First Floor Plan Second Floor Plan

pe ndix 5: Typical House Structure for Rural Resident of Zhongfang County Urban Flood Control Project Facade Elevation Drawing Right Side Elevation Drawing

Typical House Structure for Rural Resident Drawing 1

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Attached Drawing 3

Left Side Elevation Drawing

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First Floor Plan Facade Elevation Drawing

Typical House Structure for Rural Resident Drawing 2

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Attached Drawing 3

Facade Elevation Drawing

上

First Floor Plan Left Side Elevation Drawing

Typical House Structure for Rural Resident Drawing 3

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Attached Drawing 3

Elevation Drawing Left Side Elevation Drawing

Plan Roof plan

Typical House Structure for Rural Resident Drawing 4

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