RP593
V4 Public Disclosure Authorized
Henan Provincial Huaihe River Basin Key Plain & Low- Lying Land Drainage Improvement Project
With Loan from the World Bank
Resettlement Action Plan for the First Year Public Disclosure Authorized
Public Disclosure Authorized
Project Management Office for Foreign Fund
Henan Province Water Resource Department
October, 2008
Public Disclosure Authorized Henan Province Resettlement Action Plan for The First Year
Commitment Letter
Henan Province Government, through the Ministry of Finance, applies to the World Bank for loans used to finance part of the cost of the project. As a result, the projects must meet the World Bank’s social security policy. This plan represents the World Bank’s key requirement and the basis of this project for land acquisition, demolition and resettlement. This plan follows the laws of People’s Republic of China and local regulations. In order to complete the resettlement better, this plan has included a number of additional measures, implementation and monitoring arrangements.
Henan Province Government confirms the contents of this immigration plan, promises to include the budget of the immigration plan in the total budget of the project and have them in lace in time. Henan Provincial Government has discussed the first draft of the immigration plan with related institutions and got theiu approval. Henan Provincial Government has authorized the Project Management Office of Henan Province to take charge of the implementation of the project and corresponding resettlement, the governments of various project areas are responsible for the implementation of the project and corresponding resettlement within their specific areas.
Director of Henan Province Water Resource Department:
______(Signature)
______(Date)
1 Henan Province Resettlement Action Plan for The First Year
1 General Information of the Project
Introduction of the Project
Henan Province Key Plain &Low Land Improvement Project is funded with loan from the World Bank. The project is aimed to mitigate flood and water-logging disasters and provide favorable conditions for sustainable agriculture and socioeconomic development in the project area through dredging river, repairing embankment, reconstructing, expanding, or repairing and strengthening pumping stations for drainage, flood control sluices and bridges or building new ones, to improve drainage and flood protection standard of rivers and polder areas in the project area.
Origin of the project
The state and four provinces (Jiangsu, Anhui, Henan and Shandong) along the Huaihe River have always been devoting much effort to improvement of low-lying land in Huaihe River basin. In 1991, state council made clear that “building drainage system and strengthening embankment in low-lying area and improving flood control and drainage standard” in “Decisions on Further Regulation of Huaihe River and Taihu Lake”. In 2003 extreme flood occurred in Huaihe River basin. At the 24th executive meeting of State Council held in October 2003, the participants discussed and adopted the State Development and Reform Commission, Ministry of Water Resources and Ministry of Finance jointly prepared “ Asking for instruction on issues concerning paying close attention to disaster rehabilitation in Huaihe River Basin and speeding up Huaihe River Regulation”, demanding to pay close attention to disaster rehabilitation in Huaihe River Basin and speed up Huaihe River regulation and having defined the target and tasks of Huaihe River regulation. In “The report on Huaihe River Basin Flood Control Plan” worked out in October 2003 and “The Plan for Speeding up Huaihe River Regulation Projects Construciton” (2003-2007) worked out in same year by Huaihe River Conservancy Commission of Ministry of Water Resources, it is emphasized to devote more efforts to strengthen Huaihe River basin key low-lying land regulation and improve flood and water-logging control standard, and 3 new items for speeding up Huaihe River regulation projects construction were increased. After heavy flood in July 2003, Programming and Planning Division of Ministry of Water Resources, and Agroeconomy Division of State Development Reform Commission together with International Cooperation and Science and Technology Division of Ministry of Water Resources and experts and officials of World Bank, Huaihe River Conservancy Commission, water resources department (WRD) of Jiangsu, Anhui, Henan and Shandong provinces came to an agreement and planned to use loan of World Bank and carry out Huaihe River key low-lying land improvement project. Henna Provincial Water Resources Department submitted a document to Ministry of Water Resources and Huaihe River Conservancy Commission, demanding to use loan from World Bank to carry out Huaihe River basin Henan Province key low-lying land improvement project.
2 Henan Province Resettlement Action Plan for The First Year Components of the project
Huaihe River Basin Henan Province key plain low-lying land involves low-lying land along Huaihe River, in lower reaches of Xiaohong River and along Jialu River and in lower reaches of Yinghe River. Low-lying land along Huaihe River is located in some polder areas along main stream of Huaihe River, low-lying land in lower reaches of Xiaohong River is located between Yanggang estuary and confluence of Xiaohong River and Ruhe River, Jialu River and Yinghe River downstream low-lying land is located in a junction area of Jialu River, Yinghe River and Shahe River. The main components of Henan Provincial key plain low-lying land improvement project include river dredging, levees strengthening and expanding and rehabilitation of pumping stations and culverts and sluices and bridges. According to “The Feasibility Study Report on Huaihe River Basin Henan Provincial Key Plain Low-lying Land Improvement Project with World Bank Loan”, project involves dredging river of 340.79km , strengthening embankment of 41.06km, rehabilitating, repairing and strengthening or newly building 140 flood control culverts and sluices, 20 pumping stations and 45 bridges, as shown in table 1.1-1.
Table 1.1-1 Summary of Construction Components of Henan Provincial Key Plain Low-lying Land Improvement Project
Strengthening Pumping station Culvert &sluice bridge embankment River No. Low land dredging Repair km New & Repair & New & km expan- & sum new sum recons- strengthen sum reconst strength sion truction ing ruction ening Huaihe 1 16 16 River Xiaohong 2 41.06 275.63 4 4 144 117 27 12 12 River Jialu 3 65.16 4 4 33 33 River total 41.06 340.79 20 4 16 148 121 27 45 45
Cities in the project area have determined the works that are planed to be implemented in the first year according to the principles that the work should not exceed 10% of total investment. In the first year Xinyang city plans to build 2 pumping stations of Xinliji and Lianggang, Zhumadian city plans to regulate 3 rivers including Yanggang River, Nanmachang River and Qiqiaogang, Zhoukou city plans to construct 4 bridges on Chongjian Ditch and 5 bridges on Luyi Ditch and regulate lower reaches of Chongjian Ditch. The works to be constructed in the first year are shown in table 1.1-2.
3 Henan Province Resettlement Action Plan for The First Year
Table 1.1-2 Summary of Construction Components of Henan Province Key Plain & Low-Lying Land drainage Improvement Project in the First Year
Pumping station Culvert & sluice bridge Embankment River strengthening low-lying Repai no. dredging new Repair new land km r & expan & & & km sum new sum sum reinf ded expan reinfo expa orcin ded rcing nded g Along 1 2 2 Huaihe River Xiaohong 2 9.80 88.92 River 3 Jialu River 8.25 9 9 total 9.80 97.17 2 2 9 9
Project Preparation and Progress
From October 9 to 22, 2005, World Bank Identification Mission identified the Huaihe River Key Plain Low-Lying Land Improvement Project through field visit, affirmed that the items involved in the project confirmed with World Bank’s policy of dealing with different countries on their own merits, and listed the project in China Government’s utilizing World Bank loan rolling plan for 2006-2008.
On November 3 2005, Huaihe River Conservancy Commission of Ministry of Water Resources held a meeting on first-phase work of Huaihe River regulation in Bengbu, making arrangement of first-phase work of key plain low-lying land improvement project, and working out “The Opinions on the First-phase Work Arrangement of Huaihe River Basin Key Plain Low-lying Land Improvement Project with Loan of the World Bank”.
From December 9 to 11 2005, Water Conservancy and Hydroelectric Planning and Design General Instrtute of Ministry of Water Resources, on the basis of preliminary examination and reexamination, rechecked the relevant contents of “Feasibility Study Report on Huaihe River Basin Key Plain Low-lying Land Improvement Project with Loan of the World Bank (the report for approval)” and put forward the opinions on the report.
From April 12 to 29, 2006 the World Bank Project Preparation Mission inspected the preparation of Huaihe River Key Plain Low-Lying Land Improvement Project, and worked out a memorandum.
From October 7 to November 3, 2006, the World Bank Preparation and Assistance Mission visited the project area, and inspected the progress of the key components of project preparation and worked out a memorandum.
4 Henan Province Resettlement Action Plan for The First Year From May 15 to June 8 2007, World Bank Pre-evaluation Mission made preevaluation on the project, reviewed the paper to be submitted to World Bank, put forward revising opinions and worked out a memorandum.
At present, Zhongshui Huaihe River Co.Ltd and the institutions concerned of four provinces involved in the project are making detailed preliminary design for project implementation in the first year and working out the report on detailed resettlement plan for the first year on the basis of preliminary design.
The Area to Be Benefited from the Project and the Area to Be Affected by the Project
The area to be benefited from the project
The areas to be benefited from the project involve the areas in which river will be regulated. Henan Provincial Key Plain Low-Lowing Land Improvent Project will improve drainage of 6 polder areas and dredge 14 main or branch ditches for drainage covering an area of 2813.43 km with a population of 1.8 million. After improvement, the rivers drainage capacity could be up to 5 year frequency standard, flood control capacity could be up to standard for 10-20 year frequency flood, annually reducing disaster hit area of 273400mu. The data of the acreage and population benefited from the project area shown in table 1.3-1.
Table 1.3-1 The area to be benefited from the project
Regulated Cultivated Benefited Benefited Serial Low- Population Acreage Land Counties Townships Number Lying Land (10000person) Km2 (10000mu) (Cities) (Towns)
along huangchuan, 1 407.13 44.69 33.29 14 Huaihe river huaibin Xiaohong shangcai, 2 1912 210 120 39 River runan, pingyu, 3 jialu 494.3 48.76 26.76 xihua, fugou 10 River total 2813.43 303.45 180.05 63
The area to be affected by the project
The project permanent land occupation include embankment building, river dredging, structures construction and houses building for resettlers, thus the land that will be permanently occupied are located along rivers, moreover in some areas local people’s production and living conditions will be affected by project construction and will not be restored. According to the improvement scope and regulation plan defiened in the project feasibility study report, and on the basis of field survey, the areas to be affected by the project involve 8 counties, 51 towns or townships and 133 villages of Xinyang City, Zhumadian City and Zhoukou City, total permanent land acquisition of the project is 565.87 mu, total affected households 649 and total affected residents is 2790 persons.
5 Henan Province Resettlement Action Plan for The First Year
The affected area in first year project implementation
In the first year, project implementation will affect some areas in 8 counties, 18 towns(townships) and 34 villages of Xinyang City, Zhumadian City and Zhoukou City. The detailed data are shown in table 1.3-2.
Table 1.3-2 The area to be affected by project implementation in the first year Perma Affected Affe Affe Affect Affecte Affected Low- nent Land Townships cted cted Sn ed d Population Counties Lying Area Acuisition (Towns) Administr Villagers Households (Person) (Cities) (Mu) (Numbe ative Groups r) Villages (Number along huangchua 1 21.02 22 124 2 2 2 huaihe river n, huaibin shangcai, xiaohon 2 52.35 65 269 runan, pingyu, 12 22 22 g river xincai jialu xihua, 3 32.39 70 268 4 10 10 river fugou
total 105.76 157 661 18 34 34
Socioeconomic Background of Project Area
Huaihe River basin Henan provincial key low-lying land areas are suitable for growing of kinds of grain crops and cash crops and are important grain, cotton and oil production bases in Henan. In the project area, most of crops are dry crops, only along the main stream of Huaihe River paddy rice and dry crops are grown in rotation. In most areas there are 3 crops in 2 years or 2 crops in a year. Main grain crops include wheat, rice, corn and tuber crops, etc, and main cash crops include beans, cotton, peanuts and rape, etc. In 2006 grain crops output in the project area totaled 5010000t, total output value of agricultural production was 1490 million yuan. At present in project area economic income mainly comes from agricultural production, while industrial development lags behind, mainly are grain processing plants and small manufactures and large scale enterprises are not many. In 2006, in the project area, total industrial output value was 4435million yuan. At present in the project area, the counties are linked with bituminous paved rood or cement paved highways and towns (townships) are basically linked with asphalt road, forming a crisscross highway traffic network.
Total Investment and Mode of Financing of the Project According to the Preliminary Design Report on the Huaihe Rive Basin Key Plain Low-Lying Land Improvement Project with Loans from the World Bank, static investment of the project is 323.0402 million Yuan, the financing interest in the project construction phase is 6.6507 million
6 Henan Province Resettlement Action Plan for The First Year Yuan and the gross investment of the project totals 329.6909 million Yuan, of which resettlement investment is 46.999 million Yuan.
In accordance with Ministry of Water Resources’ document of banguiji[2004], in the total investment of this project it is planned to use World Bank loan of US$ 15 million. On the basis of specific condition, Central Government shall provide financial support of water conservancy construction investment in the sum of 20~40% of gross investment of the project, governments at different levels in Henan are in charge of financing of the rest part of project investment.
The total investment for project implementation in the first year is 37.4104 million Yuan, of which 8.6038 million Yuan will be used in resettlement.
The Measures for Lessening Project Influence
Project design phase
(1) In project design phase, when optimizing alternatives on the basis of comparison, the designing institutions should try to reduce requisition of land and removal and reduce the negative effects of project implementation on local socio-economy that should be taken as the key factors in comparison and optimizing of the alternatives.
(2) In river dredging, the excavated section should be close to the bank where houses are few.
The measures for construction phase
The project occupied land is in zonal distribution, therefore influence from requisition of land and removal are not great. In order to minimize influence of project construction, layout of construction sites and selection of construction schemes should take into consideration local people’s living and production and avoid unnecessary requisition of land and removal of houses. The measures to be adopted are as follows:
(1) Prior to removal, on-the-spot survey should be made and those houses are not necessary to be removed or partially necessary to be removed should not be removed or only a portion be removed.
(2) Measures should be taken to control dust and reduce construction moises to minimize influences on nearby residential life.
Implementation phase of requisition of land and removal for the project
If requisition of land and removal and resettlement are unavoidable, following measures should be taken to reduce influence of project construction on local people:
7 Henan Province Resettlement Action Plan for The First Year (1) Local people’s losses from removal and resettlement should be compensated on the basis of replacement price and in accordance with the principle of construction before removal, the negative effects on relocated residents sould be reduced as much as possible.
(2) Resettles should be settled in original villagers group or the same village, without changing resettles’ surroundings or social connections.
(3) Collection of basic data should be tightened and practical resettlement action plan should be made in accordance with local realities to ensure the people who are affected by the project construction may not suffer the loss from project implementation.
(4) Positively encourage local people to care for the project implementation to carry out information disclosure for accepting supervision from local people.
(5) Strengthen internal and external monitoring, establish high-efficien and unblocked refeed mechanism and channel, shorten information processing period to guarantee that the problems occurred in project implementation could be resolved timely.
(6) In removal and resettlement, local departments concerned should provide effective help to relocated residents to ensure smooth implementation of removal and resettlement to lessen budern and losses of relocated households.
8 Henan Province Resettlement Action Plan for The First Year
2 Project Influence
Henan Provincial Key Plain Low-lying Land Improvement Project shall occupy land in 8 counties, 51 towns (townships), 133 administrative villages, 252 villagers group, and altogether 2790 residents of 649 households will be affected by project implementation. 2415 households and 10258 residents will be influenced in short period.
About 565.87 mu of land shall be permanently occupied by the project including acquisition of rural collective land of 560.38 mu, state-owned farmland of 5.49 mu; temporarily occupied land is 3,694 mu, including collective land of 3,674 mu, state-owned land of 20 mu; the project shall remove various residential houses of 14,675 , including urban residents’ houses of 5,085 , rural residents houses of 8,210 ; project removal shall affect 16 enterprises or institutions, all shall be partially affected, and removal of various non-residential houses of 1,380 .
In project implementation in the first year, land occupation involves 8 counties, 18 towns (townships), 34 administrative villages, 34 villager groups, 661 residents and 157 households shall be influenced. Project construction shall affect 447 households and 1810 residents in short period.
Project implementation in the first year, 105.76mu land shall be occupied permanently, that are all rural collective land including 88.71mu farmland, 15.65mu rural house sites and 1.4mu fish pounds. Temporary land occupation totals 840.78mu, which are all rural collective land.
In the first year kinds of 2475.60m2 residential houses shall be removed, all of them are rural residents’ houses (including brick-concrete houses of 798.90m2, brick-wood houses of 1405.20m2, keekwila-houses of 192.00m2 and other houses of 79.50m2).
2.1 Requisition of Rural Collective Land
Requisition of land in the first year under the project is mainly used for project construction and construction of houses for rural relocated households (house sites). Requisition of rural collective land totals 105.76mu, including farmland of 88.71mu, fish ponds of 1.40mu and house sites of 15.65mu. Permanent land occupation involves 7 counties, 15 townships, 30 administrative villages and 30 villager groups.
Statistics data of requisition of rural collective land in low-lying area along Huaihe River are shown in table 2.1-1; data of rural collective land acquisition in lower reaches of Xiaohong River are shown in table 2.1-2 and data of land acquisition in low-lying area along Jialu River are shown in table 2.1-3.
9 Henan Province Resettlement Action Plan for The First Year
Table 2.1-1 Statistics of Land Acquisition in Low-Lying Area along Huaihe River in Project Implementation in the 1st year
Permanent land occupation (mu) Temporary land occupation (mu)
Pro- Sub- Land Affected Affected Affected Affected vince projrct enterpr Land enter mu population population population population ise mu prise (person) (person) (person) (person)
Xinyang 21.02 64 117 40.00 55 Henan zhunadian 52.35 269 639.12 1638 zhoukou 32.39 268 161.66 117 total 105.76 601 117 840.78 1810
10 Henan Province Resettlement Action Plan for The First Year
Table 2.1-2 Satistics of Land Acquisition in Low-Lying Area in Lower-reaches of Xiaohong River
Permanent Land Occupation (Mu) City/ Sub- Township Administrative Villagers Household Affected County/ Irrigated Laborer Project (Town) Village Group Head Sum Population District Land (Mu) (Person) (Person) Pingyu Houliu Zhangzhuang group 2 Qu xinhua 0.8 0.8 4 2
Pingyu Houliu Zhang Zhangzhuang group 2 1 1 5 3 Pingsheng Pingyu Houliu Zhangzhuang group 2 Zheng Lei 0.4 0.4 3 3 Pingyu Houliu Zhangzhuang group 2 Zhang Ermao 0.8 0.8 4 2 Pingyu Houliu Zhangzhuang group 2 Zhang Shikui 0.6 0.6 5 2 Pingyu Houliu Zhangzhuang group 2 Zhang 1.16 1.16 6 3 Liumin Pingyu Houliu Zhang Zhangzhuang group 2 0.6 0.6 4 2 Chunxiao Pingyu Houliu Zhang Zhangzhuang group 2 0.6 0.6 4 3 Xiaofang Pingyu Houliu Zhang Zhangzhuang group 2 0.6 0.6 5 2 Xiaobian Pingyu Houliu Zhang Zhangzhuang group 2 0.7 0.7 4 2 Dongcheng Pingyu Houliu Zhangzhuang group 2 Zhou Qiang 1.2 1.2 5 2 Pingyu Houliu zhou Zhangzhuang group 2 1.4 1.4 6 3 xiaoguang Pingyu Houliu Zhangzhuang group 2 Li Yuqi 0.8 0.8 5 2 Pingyu Houliu Zhangzhuang group 2 Li Xiaosi 0.6 0.6 4 2 Houliu Pingyu Zhangzhuang group 2 Li Liuzhu 0.8 0.8 5 2
low-lying Xincai Zhuandian Zhuandiancun group 6 Ma Jiwen 1 1 4 2 area in lower reaches of Xincai Zhuandian Zhuandiancun group 6 Zhu Xiangfu 1.1 1.1 4 2 Xiaohong River Xincai Zhuandian Xingzhaicun group 1 Shi Baozhu 1.2 1.2 4 2 Xincai Zhuandian Xingzhaicun group 1 Li Yang 1.35 1.35 5 3 Xincai Zhuandian Zhang Xingzhaicun group 1 1.05 1.05 4 2 Zhiyong Xincai Zhuandian Wangxiaozhai group 3 Wang 0.8 0.8 3 2 Jianguo Xincai Zhuandian Wangxiaozhai group 3 Liang 1 1 4 2 Chunyue Xincai Zhuandian Dugecun group 5 Du Jun 1.2 1.2 3 2 Xincai Zhuandian Dugecun group 5 Wang 1.3 1.3 5 3 Hechao Xincai Zhuandian Dasongzhuang group 5 Xu Jimin 1.7 1.7 3 2 Xincai Huanglou Xiaoxingzhuang group 1 Xing 0.5 0.5 4 2 Guowen Xincai Huanglou Xiaoxingzhuang group 1 Lu Qingwei 0.65 0.65 3 2 Xincai Huanglou Tang Xiaoxingzhuang group 1 0.75 0.75 4 2 Shaoshan Xincai Huanglou Qinqiaocun group 4 Jia Laiyi 0.39 0.39 4 2 Xincai Huanglou Qinqiaocun group 4 Shi Laibao 0.42 0.42 3 2 Xincai Huanglou Qinqiaocun group 4 Qin Haitang 0.38 0.38 4 2
Xincai Huanglou Qinqiaocun group 4 Zhang Jie 0.35 0.35 5 3 Xincai Huanglou Qinqiaocun group 4 Zhu Xiangwu 0.36 0.36 4 2 Xincai Huanglou Qinqiaocun group 4 Xu Jiancai 0.4 0.4 3 2 Xincai Huanglou Qinqiaocun group 5 Gao Hua 1.7 1.7 3 2
11 Henan Province Resettlement Action Plan for The First Year
Table 2.1-2 (continued) Satistics of Land Acquisition in Low-Lying Area in Lower-reaches of Xiaohong River
Permanent Land Occupation (Mu) City/ Sub- Township Administrative Villagers Household Affected County/ Irrigated Laborer Project (Town) Village Group Head Sum Population District Land (Mu) (Person) (Person)
Group 1 Runan Jinpu Chenzhuang ChenYunliang 0.7 0.7 3 2 Runan Jinpu Group 1 Chen Chenzhuang 0.5 0.5 4 3 Jinsheng Runan Jinpu Group 3 Zhang Xinzhuang 1.1 1.1 4 1 Xinmin Runan Group 5 bandian Liuying Liu Yun 0.6 0.6 4 2 Runan bandian Group 5 Liuying Liu Hua 0.9 0.9 5 4 Runan bandian Group 3 Chen Mazhuang 0.3 0.3 4 4 Jingzheng Runan bandian Group 3 Mazhuang Ma Guo 0.3 0.3 4 4 Runan bandian Group 3 Mazhuang Ma Jinliang 0.3 0.3 3 2 Runan bandian Group 3 Zhang Mazhuang 0.4 0.4 5 2 Yunliang Runan Group 2 Zhu Liupen Zhuwa 0.6 0.6 4 3 Yongsheng Runan Group 2 Liupen Zhuwa Zhu Mincai 0.7 0.7 5 3 Group 5 Shangcai Xihong Liuqiao Liu Che 0.65 0.65 5 4 Shangcai Xihong Group 5 Liu Liuqiao 0.39 0.39 3 2 Chenggang Shangcai Xihong Group 5 Low- Liuqiao Chen Zhiguo 0.39 0.39 3 3 lying land Shangcai Xihong Group 5 in lower- Liuqiao Liu Lizhi 0.78 0.78 6 5 reaches of Shangcai Xihong Group 5 xiaohong Liuqiao Liu Hongli 0.78 0.78 6 6 river Shangcai Group 1 Donghong Houlou Fu Hongwei 1.2 1.2 5 4 Shangcai Donghong Suqiao Group 1 Su 0.86 0.86 6 5 Liangsheng Shangcai Donghong Suqiao Group 1 Su Xinwen 0.43 0.43 3 3 Shangcai Donghong Suqiao Group 1 Su Xinmin 0.28 0.28 2 2 Shangcai Donghong Group 1 Su Suqiao 0.43 0.43 3 2 Guangcheng Shangcai Group 4 Qihai Caiji Cai Xinmin 0.5 0.5 1 1 Shangcai Qihai Group 4 Caiji Zaho Mao 2.1 2.1 6 4 Shangcai Qihai Group 4 Caiji Zhao Liugen 0.8 0.8 2 1 Shangcai Group 2 Zhuhu Junzhang Zhang ong’en 0.5 0.5 4 2
Shangcai Group 2 Zhang Zhuhu Junzhang 1 1 5 3 Guangzhi Shangcai Group 1 Wulong Gongzhuang Gong Zilai 1.7 1.7 4 3 Shangcai Group 1 Wulong Gongzhuang Li Fashui 1.7 1.7 6 4 Shangcai Group 2 Wang Baichi Dicaowang 1 1 5 4 Zhanjun Shangcai Group 7 Baichi Yangge Yang Lianfu 0.8 0.8 4 4
Total 52.35 52.35 269 170
12 Henan Province Resettlement Action Plan for The First Year
Table 2.1-3 Statistics of Land Acquisition in Low-Lying Area of Jialu River and Lower Yinghe River
Cit Permanent Land Occupation (Mu) Sub- y/ Tow Admi Vill Irr F Affec La Proje Co nship nistrative agers Household Head S igated ish ted borer ct unty/ (Town) Village Group um Land Pond Populatio (Pe Di (Mu) s n rson) Xi Yeb Fangf Gro Wang Chengren 0 0. 2 1 hua ukou en up 3 .3 3 Xihua Yebukou Fangfen Group 3 Wang Huimin 0 0. 3 1 .4 4 Xihua Yebukou Fangfen Group 3 Wang Dazhuang 0 0. 5 2 .2 2 Xihua Yebukou Fangfen Group 3 Wang Jinshi 0 0. 2 1 Xihua Yebukou Fangfen Group 3 Wang Laiyin .3 0 3 0. 3 1 Xihua Yebukou Fangfen Group 3 Wang Facai .5 0 5 0. 4 1 Xihua Yebukou Fangfen Group 3 .5 0 5 0. Wang Yingchun 4 1 .5 5 Xihua Yebukou Fangfen Group 3 Jiang Pian 0 0. 6 2 Xihua Yebukou Fangfen Group 3 Fan Changhe .5 0 5 0. 2 1 .4 4 Xihua Yebukou Fangfen Group 3 Wang Qunsheng 0 0. 3 1 .5 5 Xihua Yebukou Fangfen Group 3 Wang 0 0. 4 2 Changqing .5 5 Xihua Yebukou Fangfen Group 3 Fan Xiancai 0 0. 4 2 .5 5 Xihua Yebukou Fangfen Group 3 Wang 0 0. 4 2 Tiezhuang .5 5 Xihua Yebukou Fangfen Group 3 Wang Tiegang 0 0. 4 2 Xihua Yebukou Fangfen Group 3 .5 0 5 0. Low- Wang Xibang 4 1 .29 29 lying area Xihua Yebukou Fangfen Group 3 Zhao Shuilai 0 0. 4 2 of Xihua Yebukou Wazha Group 1 Wang Hailiang .5 0 5 0. 4 2 JialuRiver Xihua Yebukou Wazhaoo Group 1 .47 47 Wang Chang’an 0 0. 4 2 and .47 47 yinghe Xihua Yebukou Wazhao Group 1 Li Guozhong 0 0. 4 2 River Xihua Yebukou Wazhao Group 1 Li Guochang .47 0 47 0. 3 2 Xihua Yebukou Wazhao Group 1 Zhao Jincai .47 0 47 0. 4 2 Xihua Yebukou Wazhao Group 1 .47 47 Wang 0 0. 4 2 Dongliang .47 47 Xihua Yebukou Wazhao Group 1 Wang Guoqiang 0 0. 3 1 .47 47 Xihua Yebukou Wazhao Group 1 Gao Hua 0 0. 3 2 Xihua Yebukou Wazhao Group 1 Wang Chao .47 0 47 0. 4 2 Xihua Yebukou Wazhao Group 1 Song Fushen .47 0 47 0 3 1 Xihua Yebukou Wazhao Group 1 Zhao Fengyan .47 0 0. .47 4 2 Xihua Yebukou Wazhao Group 1 Wang Wei .47 0 47 0 4 2 Xihua Yebukou Wazhao Group 1 Wang Ran .47 0 0. .47 4 2 Xihua Yebukou Wazhao Group 1 Song Janshe .47 0 47 0. 4 2 Xihua Yebukou Wazhao Group 1 Wang Guocang .47 0 47 0. 3 2 Xihua Yebukou Wazhao Group 1 Wang Shehui .47 0 47 0. 4 2 Xihua Yebukou Wazhao Group 1 Wang Tuo .47 0 47 0. 4 2 Xihua Yebukou Wazhao Group 1 Wang Ping’an .47 0 47 0. 4 2 Xihua Yebukou Wazhao Group 1 Gaoge .47 0 47 0. 4 2 .47 47
13 Henan Province Resettlement Action Plan for The First Year
Table 2.1-3 (Continued) Statistics of Land Acquisition in Low-Lying Area of Jialu River and Lower Yinghe River
City/ Permanent Land Occupation (Mu) Sub- Cou Adminis Vill Townsh Househ Ir F Aff Lab Pr nty/ trative agers S ip (Town) old Head rigate ish ected orer oject Distr Village Group um d Ponds Populati (Per ict Land on son) L Xihu Yebuko Gaozhua Gro Zhang 0.5 0.5 4 2 Yongtai ow- aXihu Yebukou Gaozhuang up Gro2 Zhang 0.5 0.5 3 1 lying Xingtai aXihu Yebukou Gaozhuang up Gro2 Wang area of 0.5 0.5 5 2 a u ng up 2 Jianguo Jialu Xihu Yebuko Gaozhua Gro Wang Shu 0.3 0.3 2 1 River aXihu Yebukou Gaozhuang up Gro2 Zhou 0.5 0.5 3 1 Jinchang and aXihu Yebukou Gaozhuang up Gro2 Zhang 0.5 0.5 4 1 Yinghe Guoyun aXihu Yebukou Gaozhuang up Gro2 Zhang River 0.5 0.5 4 1 a u ng up 2 Honghui Xihu Yebuko Gaozhua Gro Qi Deming 0.5 0.5 6 2 aXihu Yebukou Gaozhuang up Gro2 Wang Xinhua 0.4 0.4 2 1 aXihu Yebukou Gaozhuang up Gro2 Zhou Jianjun 0.5 0.5 3 1 aXihu Yebukou Gaozhuang up Gro2 SongChangjia 0.5 0.5 4 2 a u ng up 2 ng Xihu Yebuko Songqia Gro FengQuanguo 0.5 0.5 4 1 aXihu Yebukou Songqiao up Gro3 Feng Shilan 0.5 0.5 4 1 a u o up 3 Xihu Yebuko Songqia Gro FengChangmi 0.5 0.5 4 2 a u o up 3 ng Xihu Yebuko Songqia Gro Song inming 0.49 0.49 2 1 aXihu Yebukou Songqiao up Gro3 Song Fu’an 0.5 0.5 4 1 aXihu Yebukou Changleo up Gro3 Geng Jilang 0.5 0.5 5 3 aXihu Yebukou Changle up Gro9 Geng aoming 0.5 0.5 4 2 aXihu Yebukou Changle up Gro9 Wang Guo’an 0.5 0.5 6 3 a u up 9 Xihu Yebuko Changle Gro Wang ingtang 0.4 0.4 2 1 a u up 9 Xihu Yebuko Changle Gro Wang Fengge 0.5 0.5 5 3 aXihu Yebukou Changle up Gro9 Che Zhanxian 0.5 0.5 5 3 aXihu Yebukou Changle up Gro9 Chen 0.5 0.5 4 2 Yanggao aXihu Yebukou Changle up Gro9 Gao Jinliang 0.3 0.3 2 1 aXihu Yebukou Changle up Gro9 Wang Fukui 0.5 0.5 3 1 aXihu Yebukou Changle up Gro9 Gao 0. 0 4 2 Dongfang aXihu Yebukou Changle up Gro9 Wang Xuexiu 5 0. .5 0 5 2 aXihu Yebukou Changle up Gro9 Wang Zi’an 5 0. .5 0 6 2 aXihu Yebukou Changle up Gro9 Ye Jingyun 5 0. .5 0 7 3 aXihu Yebukou Changle up Gro9 Geng Yuling 5 0. .5 0 4 2 aXihu Yebukou Changle up Gro9 Geng 5 0. .5 0 5 3 Fuqiang aXihu Yebukou Changle up Gro9 Che Zhankui 5 0. .5 0 5 3 aXihu Yebukou Changle up Gro9 Che 5 0. .5 0 3 1 Zhengxiu aXihu Yebukou Changle up Gro9 Wang Fuying 4 0. .4 0 2 1 aXihu Yebukou Nitudian up Gro9 Zong Fushen 45 0. .45 0 4 1 a u Total up 6 3332 .33 3 0 268 142 .39 1.45 .94
14 Henan Province Resettlement Action Plan for The First Year 2.2 Permanent Occupation of Public Land
Requisition of land in the first year of project implementation does not involve public land.
2.3 Temporary Land Occupation
In project implementation in the first year 840.78mu land shall be occupied temporarily, mainly for construction or dumping spoil from river dredging. Land occupied by construction is 637.4mu (including 40mu low-lying land along Huaihe River, 575.4mu low-lying land in lower- reches of Xiaohong River and 22mu low-lying land in Jialu River and lower Yinghe River low- lying area, accounting for 75.8% of land occupied in project implementation; land occupied by spoil from river dredging is 203.38my (63.72mu in low-lying area of Xiaohong River and 139.66mu in Jialu River and lower Yinghe River low-lying land area, making up 24.2 percent of temporary land occupation. All the temporarily occupied land belong to collective land.
Statistics of temporarily occupied land in low-lying land area along Huaihe River are shown in table 2.3-1; land occupation statistics of Xiaohong River low-lying land area are shown in table 2.3-2; statistics of land occupation of Jialu River and Yinghe River low-lying land area are shown in table 2.3-3.
Table 2.3-1 Statistics of Temporarily Occupied Land in Low-Lying Area along Huaihe River
Temporary Land Occupation (Mu) City/ Sub- Township Villagers County/ Village Affected Affected Project (Town) Group Irrigaed Garden Affected District Sum House- Laborer Land Land Population Hold (Person) Low- Liang- lying Huaibin Luji Xingying 20 20 7 32 17 along dong Huaihe River Huang- Weigang Xinliji Nanyuan 20 20 5 23 10 chuan
Total 40 40 12 55 27
15 Henan Province Resettlement Action Plan for The First Year
Table 2.3-2 Statistics of Land Occupation in Xiaohong River Low-Lying Area
Temporary Land Occupation (Mu) City/ Affe S P Town Affe Coun Gar Affe cted ub- ro- ship cted ty/ Village Su Irrig den cted Lab Pr vi (Town Hou Distri m aed Land Lan Pop orer oject nce ) se- ct d ulation (Per Hold son) H Shan Zhuhu Hedian 35. 32.4 3.3 18 90 63 enan gcai 7 Hena Shangcai Zhuhu Junzhan 25 22.5 2.5 17 79 55 n g Hena Shangcai Yangtun Gongzh 45 40.5 4.5 16 43 30 n uang Henan Shangcai Qihai Caiji 36 32.4 3.6 15 62 43 Hena Shangcai Donghong Suqiao 29 26.1 2.9 15 57 39 n Hena Shangcai Donghong Houlou 23 20.7 2.3 17 68 48 n Hena Shangcai Xihong Liuqiao 38 34.2 3.8 19 79 56 lo n Hena Shangcai Baichi 26. 23.9 2.6 w- Yangge 12 55 38 n 6 4 6 ly Hena Shangcai Baichi Dicao 14 12.6 1.4 6 28 20 ing n Hena Pingyu Houliu Beizhan 42. 30.0 12. 37 147 120 ar n g 58 6 52 ea Hena Pingyu Houliu Zhoulou 33. 33.3 24 68 57 in n 3 Hena Pingyu Houliu Lilou 28. 28.8 20 80 74 lower n 8 X Hena Runan Jinpu Chenzhu 22. 15.3 6.7 12 48 35 n ang 08 8 iao- Hena Runan Jinpu Xinzhua 14. 14.7 8 32 29 h n ng 67 ong Hena Runan Bandian Liuying 17. 17.9 14 56 41 n 91 Ri Hena Runan Bandian Mazhua 16. 16.5 9 36 25 ver n ng 47 Hena Runan Liupen Zhuwa 17. 17.0 8 32 27 n 01 Hena Xincai Zhuandian Xishi 36. 28.6 7.8 40 157 119 n 45 2 3 Hena Xincai Zhuandian Duli 24. 24.4 18 72 50 n 48 8 Hena Xincai Zhuandian Dasong 23. 23.1 21 80 52 n 13 3 Hena Xincai Huanglou Qinqiao 40. 31.3 9.5 36 145 136 n 89 2 7 Hena Xincai Huanglou Xiaojin 25. 25.8 15 72 51 n 83 3 Hena Xincai Huanglou Huangz 23. 23.2 13 52 37 n hai 22 2 Total 639 575. 63. 410 163 124 .12 5 66 8 5
16 Henan Province Resettlement Action Plan for The First Year
Table 2.3-3 Statistics of Land Occupation of Jialu River and Yinghe River Low-Lying Area
Temporary Land Occupation (Mu)
Sub- City/County/ Township Village Affected Project District (Town) Irrigaed Affected Affected Sum House- Land Population Laborer (Person) Hold
Xihua Yebukou Nitudian 11.76 11.76 2 11 6 Xihua Yebukou Changle 39.55 39.55 3 13 8 Xihua Yebukou Songqiao 17.78 17.78 2 10 6 Xihua Yebukou Low- Gaozhuang 21.37 21.37 lying 5 22 13 Xihua Yebukou area of Wazhao 37.47 37.47 Jialu River 6 26 15 and Xihua Yebukou Fangfen 23.73 23.73 lower 2 11 6 Yinghe River Fugou Jiuyuan Taikangying 2 2 1 5 2 Fugou Chengjiao Wulidian 2 2 1 4 2 Fugou Chengjiao Litang 4 4 2 10 6 Fugou Chengguan Huayuan 2 2 1 5 3 Total 161.66 161.66 25 117 67
2.4 Removal of Residents’ Houses
The first year’s implementation of project, shall affect houses of 117 residents of 21 houses remohouses of 2475.6m2 that are all rural residents’ houses in low-lying area along Huaihe Riveer.
2.4.1 Rural residents’ houses
Project implementation in the first year only affect rural residential houses of 117 residents, 21 househoulds with 2475.6m2 houses to be removed, including brick-concrete houses of 798.9m2, brick-wood houses of 1405.2m2, keekwilee-houses of 192m2 and other houses of 79.5m2. Moreover, attachments of houses shall also be removed. Statistics of rural houses removal in low-lying land area along Huaihe River are shown in table
2.4-1.
17 Henan Province Resettlement Action Plan for The First Year
Table 2.4.1 Statistics of Rural Houses Removal in Low-Lying Area along Huaihe River
Relocatedresidential houses m2 Attached houses m2 Houses attachments
City/ Family house brick- Brick- Keek- Keek- Brick- Brick- Keek- Other Fence Manure Hen Tele cement Small Big Fruit township village house-hold head Toilet Piggery well stove gate county member site concrete tole wood wilee tile wood wilee houses wall pit house phone ground trees trees trees
m2 m2 m2 m2 m2 m2 m2 m2 m m2
Kuang Huangchuan Weigang xinliji 6 0.78 91.5 60 12 1 1 1 1 1 1 3 46 4 Shaohua
Weigan xinliji Huangchuan Kuang Shaoqiao 4 0.54 84 1
Weigan xinliji Kuang Huangchuan 5 0.18 117.6 1 3 1 1 1 Tiguo Weigan xinliji Huangchuan Yang Kecheng 5 0.6 54 1 30 3
Weigan xinliji Huangchuan Wu Shaozhong 7 0.22 117.6 1 4 1
Weigan xinliji Huangchuan Yang Zhongfu 6 0.91 128 52 45 2 1 1 1 17 23 3
Weigan xinliji Huangchuan Yang Zhongfu 9 0.67 136 42 5 1 2 1 1 1 1 18 22
Weigan xinliji Huangchuan Yu Tianxue 4 0.48 36 1 1 1 1 1 1 10 12
Weigan xinliji Yu Huangchuan 5 0.57 102 12 15 27 1 1 2 2 1 1 1 10 9 Tiancheng Weigan xinliji Huangchuan Xu Jianguo 5 0.85 144.25 36 10 1 1 1 10 11 3
Weigan xinliji Huangchuan Lin Shuye 4 0.63 144 1 1 1 1 1 1 8
Huaibin Luji Xingying Liang Kezhong 5 0.75 48 72 9 12 1 Huaibin Xingying Luji Liang Kehua 5 0.75 15 48 10.5 8 4 Huaibin Xingying Luji Liang Maoguo 8 0.9 133 132 70 12
Huaibin Xingying Luji Liang Jianhong 9 1.35 32 12 54 18 1 1 1 1 1 42 8
Huaibin Xingying Luji Liang Maoyong 5 0.75 7.5 108 9 1 1 1 1 1 6 16 Huaibin Xingying Luji Liang Maosheng 6 1.05 116.4 10.5 3 1 1 1 1 13 1
Huaibin Luji Xingying Liang Kezhao 6 0.9 86.25 45 10.5 5 1 1 1 1 1 13 8
Huaibin Luji Xingying Li Wenying 4 0.6
Huaibin Luji Xingying Liang Keguang 4 0.6
Huaibin Luji Xingying Liang Kefei 5 0.75
Total 117 14.83 798.9 758.2 48 36 358 241 156 79.5 82 6 3 11 14 11 14 8 13 6 163 171 10
18 Henan Province Resettlement Action Plan For The Firsr Year
2.4.2 Urban residential houses
Project implementation in the first year does not involve removal of urban residential houses.
2.5 Enterprises to Be Affected
The project implementation in the first year does not involve removal of enterprises.
2.6 Institutions to Be Affected
Project implementation in the first year does not involve removal of institutions.
2.7 Stores and Shops to Be Affected
Project implementation in the first year does not involve removal of stores or shops.
2.8 Unlicensed Construction
Accordfing to survey, among the houses to be removed in project implementation there are no unlicensed construction.
2.9 Population to Be Affected
According to survey and statistics, 661 residents of 157 households shall be affected by requisition of land and removal in project implementation, of which houses of 117 rural residents of 21 household shall be removed, and 77 rural residents should be provided with production settlement.
2.10 Colony of Weak Tendency, Floating Population and Minority Nationality
2.10.1 Floating population and minority nationality
According to survey, within project affected scope there is no floating population.
2.10.2 Colony of weak tendency
(1) Woman: In project area women have the same rights and interest as male and it is not necessary to give them extra consideration.
(2) Colony of weak tendency: Among low-income families, disabled families, elderly persons of no family, families with chronic patients, minority nationality families, there is no colony of weak tendency that need extra consideration according to investigation.
2.11 Affested on-ground attachments or basic facilities infrastructures
In survey of indexes in kind, the trees within the scope of land requisition for river dredging are surveyed one by one according to varieties and size. The field survey results show that within the project affected scope 442 tall fruit trees, 11371 big trees (non-fruit trees) and 7735 small trees (non-fruit trees) shall be felled.
19 Henan Province Resettlement Action Plan For The Firsr Year The other attachements mainly include low-voltage electric utility poles, communication cable, power cable and drainage pipeline, etc. according to survey, 4 electric utility poles for 380v low- voltage line, 3 electric utility poles for 10kv high-tension line and 250m power cable should be removed.
Statistics of on-ground attachments and basic facilities to be affected in low-lying area along Huaihe River are shown in table 2.11-1; statistics of affected on-ground attachments and basic facilities in lower Xiaohong River are shown in table 2.11-2; statistics of affected on-ground attachments in Jialu River and lower Yinghe River low-lying area are shown in table 2.11-3.
Table 2.11-1 Affected on-ground attachments and basic facilities in low-lying area along Huaihe River
380V Big trees Power Fruit Electricity (non-fruit Small trees Township cable trees Sub-project City/county village Pole trees) (town) piece m tree tree tree
Low-lying Huaibin Luji Xingying 2 150 102 135 10 area Along Huaihe River Huangchuan Weigang Xinliji 1 100 61 36
total 3 250 163 171 10
20 Henan Province Resettlement Action Plan For The Firsr Year
Table 2.11-2 Statistics of affected on-ground attachments and basic facilities in lower Xiaohong River
Small Residential Gigtrees Sub- Township trees Fruit City/county committee/ (non-fruit project (town) (non-fruit trees /village trees) trees) Shangcai Zhuhu Hedian 463 92 3 Shangcai Zhuhu Junzhang 487 111 19 Shangcai Yangtun Gongzhuang 354 230 18 Shangcai Qihai Caiji 354 167 13 Shangcai Donghong Suqiao 387 133 32 Shangcai Donghong Houlou 249 125 31 Shangcai Xihong Liuqiao 221 81 18 Shangcai Baichi Yangge 167 79 14 Shangcai Baichi Dicaowang 146 57 8
Low- Pingyu Houliu Beizhangzhuang 194 67 lying area Pingyu Houliu Zhoulou 156 69 In lower Pingyu Houliu Lilou 177 65 reaches of Xiaohong Runan Jinpu Chenzhuang 215 52 10 River Runan Jinpu Xinzhuang 209 110 Runan Bandian Liuying 298 119 Runan Bandian Mazhuang 256 107 27 Runan Liupen Zhuwa 289 96 18 Xincai Zhuandian Xishizhuang 189 91 Xincai Zhuandian Dulizhuang 268 109 Xincai Zhuandian Dasongzhaung 246 121 Xincai Huanglou Qinqiao 266 116 Xincai Huanglou Xiaojinzhuang 236 100 Xincai Huanglou Huangzhai 241 107 total 6068 2404 211
21 Henan Province Resettlement Action Plan For The Firsr Year
Table 2.11-3 Statistics of affected ground and basic facilities in low-lying area of Jialu River and lower Yinghe River
Big trees Small trees 10KV 380V Fruit grves (non-fruit (non-fruit Township Pole pole trees Sub-project City village trees) trees) (town)
Piece piece number tree tree tree
Chongjiangou Xihua Yebukou Nidian 3 1 1 860 860 43 Chongjiangou Xihua Yebukou Changle 870 850 32 Chongjiangou Xihua Yebukou Songqiao 840 860 36 Chongjiangou Xihua Yebukou Gaozhuang 850 830 26 Chongjiangou Xihua Yebukou Wazhao 830 870 43 Chongjiangou Xihua Yebukou Fangfencv 890 890 41
Total 3 1 1 5140 5160 221
2.12 Deadline for Compensation
The terminal time for general investigation of project influence is the deadline of project compensation. From Jan. 5 to 15, 2006 water conservancy designing institutes of Xinyang, Zhumadian and Zhoukou cities with cooperation of county level water affairs bureaus within project area carried out detailed investigation on index in kind within the affected scope of Henan Provincial Key Plain Low-Lying Land Improvement Project, and decided Jan. 15, 2006 to be the deadline for compensation. Water affairs bureaus of counties of the project area pasted up notices on deadline for compensation and removal index in kind in villages to be affected by the project.
22 Henan Province Resettlement Action Plan For The Firsr Year
3 Investigation Results of Socio-economic Status
3.1 Investigation Results of Rural Socioconomy of Project Affected Counties and Towns (townships)
Requisition of land and removal of project implementation in the first year involves 8 counties, altogether 18 towns (townships) in Xinyang, Zhumadian and Zhoukou cities, Henan i.e. 2 towns (township) of Huangchuan and Huaibin counties in Xinyang city, 12 towns (townships) of Shangcai, Xincai, Runan and Pingyu counties in Zhumaidan city and 4 towns (townships) of Xihua and Fugou counties in Zhoukou City.
Agriculture is developed in project affected areas which are important grain, cotton and edible oil production bases in Henan. Crops are mainly dry crops and there is paddy rice and dry crops rotation in the area along main stream of Huaihe River, mostly 3 harvests in 2 years or 2 crops a year. Main grain crops include wheat, rice, corn and tuber crops, etc. Main cash crops include beans, cotton, peanuts and rape, etc. Gross grain yield in 2006 in project area totaled 5010000t, and total agricultural output value was 1490 million yuan.
At present agriculture forms the major economic foundation, while industrial development lags behind, mainly including grain processing plants and small manufacturers, and large scale enterprises are less in number. In 2006 gross industrial output value of the project area was 3552 million yuan,
In the project area, railway and highway facilities are relatively developed, with Jing-Guang railway and Luo-Fu railway passing through. Main highways include Jing-Zhu expressway, state highway 107 and state highway 106. At present in project area all counties or county-level cities are linked with bituminous paved road or cement paved highway, and townships or towns are basically linked with asphalt road, forming crisscross highway network.
Socio-economic conditions of counties affected by Henan Key Low-lying Land Improvement Project are shown in Table 3.1-1.
23 Henan Province Resettlement Action Plan For The Firsr Year Table 3.1.1 Socio-economic conditions of counties within the project affected area
Total output Total Gross Gross Percatipa Gross Farming Cultivated value of acreage of GDP output value of output value of net income in population population land secondary Low- farmland first industry tertiary industry rural area lying County industry area
(km2) (‘0000 person) (‘0000 person) (‘0000 mu) (‘0000yuan) (‘0000yuan) (‘0000yuan) (‘0000yuan) (yuan )
Along Huangchuan 1635 79.96 43.12 93.28 798413 229985 309549 258879 3400 Huaihe River Huaibin 1192 67.46 42.00 85.65 496026 145128 180240 170658 2596
Shangcai 1529 138.37 109.90 165.78 666801 220562 276832 169407 2876
lower reaches Runan 1515 78.98 63.94 135.165 478192 204816 158627 114749 2916 of Xiaohong Pingyu 1281 95.48 78.30 141.18 492325 198120 173108 121097 2866 River
Xincai 1453 104.29 83.70 156.555 513984 221982 186364 105638 2640
Jialu and Xihua 1194 91.566 82.40 104.45 582335 274422 193222 114691 2876 Yinghe River Fugou 1173 73.5 65.3 114 946382 332120 465770 148438 3232
Socio-economic conditions of townships (towns) affected by Henan Key Low-lying Land Improvement Project are shown in table 3.1-2.
24 Henan Province Resettlement Action Plan For The Firsr Year
Table 3.1.2 Socio-economic conditions of townships (towns) within the project affected area
Low-lying area along Huaihe River Affected township Weigang Township Luji Township Total households 8067 1386 population Total population 33214 32105 Of which: male 17110 12996 Agricultural population (person) 21201 29463 Total laborer (person) 17152 16115 laborer Industrial laborer 2617 451 Agricultural laborers 9997 11392 Teriray industrial laborer 4538 4272 Cultivated land (‘0000 mu) 4.54 3.11 Sowing area 3.64 2.68 (‘0000mu) Grain Total yield (t) 29700 11489 crops Unit area 816 429 yield kg/mu Sowing area 0.48 0.42 Cultivated (‘0000mu) Oil- land Total yield (t) 968 705 bearing crops Unit area 202 168 yield kg/mu Sowing area 0.42 0.01 (‘0000mu) Other Total yield (t) 4360 84 crops Unit area 1038 840 yield kg/mu Total output value (‘0000yuan) 26965 8297 Total agricultural output value 3974 3263 Output (‘0000yuan) Total industrial output value value 20674 2952 (‘0000yuan) Total output value of teriary 2317 2085 industry (‘0000yuan) Financial income (’00 million yuan) 0.033 0.019 Urban residents per capita income (yuan) 4925 4539 Farmers per capita net income (yuan) 2752 2471
25 Henan Province Resettlement Action Plan For The Firsr Year
Table 3.1.2 (continued) Socio-economic conditions of townships (towns) With in the project affected area
Low-lying area in lower reaches of Xiaohong River Affected township Zhuhu Yangtun Qihai Donghong Xihong
Total households 18300 9437 12309 24245 14920 Total population 67800 34007 45662 89940 55348 population Of which: male 34200 17631 22998 45299 27876 Agricultural population 53900 27804 36267 71435 43960 (person) Total laborer (person) 45200 23338 30441 59960 36899 laborer Industrial laborer 9040 4668 6088 11992 7380 Agricultural laborers 22600 11669 15220 29980 18450 Teriray industrial laborer 13560 7001 9132 17988 11069 Cultivated land (‘0000 mu) 14.4 7.43 9.69 19.08 11.74 Sowing area 11.50 5.94 7.74 15.25 9.38 (‘0000mu) Grain Total yield (t) 44335 22891 29858 58812 36192 crops Unit area 386 385.4 385.8 385.7 385.8 yield kg/mu Sowing area Cultivated 1.4 0.74 0.97 1.90 1.17 Oil- (‘0000mu) land bearing Total yield (t) 1869.3 965.2 1258.9 2480 1526 crops Unit area 133.5 130.4 129.8 130.5 130.4 yield kg/mu Sowing area 1.5 0.75 0.98 1.93 1.19 (‘0000mu) Other Total yield (t) 20857 10769 14047 27667 17026 crops Unit area 1390 1436 1433 1433 1431 yield kg/mu Total output value (‘0000yuan) 32673 16870 22004 43342 26672 Total agricultural output value 10796 5574 14321 14321 8813 (‘0000yuan) Output value Total industrial output value 37805 19520 25460 50149 30861 (‘0000yuan) Total output value of teriary 10167 5250 6847 13486 8299 industry (‘0000yuan) Financial income (’00 million yuan)
Urban residents per capita income (yuan) 4718.3 4614.3 4523.3 4822.2 4824.5
Farmers per capita net income (yuan) 2876 2768 2513 2924 2850
26 Henan Province Resettlement Action Plan For The Firsr Year
Table 3.1.2 (continued) Socio-economic conditions of townships (towns) within the project affected area
Low-lying area in lower reaches of Xiaohong River Affected township Baichi Liupen Jinpu Bandian Houliu Total households 15666 19431 17704 15113 17193 Total population 58115 71082 64764 55286 63017 population Of which: male 29269 36675 33414 28525 31165 Agricultural population 46158 57546 52430 44758 51678 (person) Total laborer (person) 38236 38364 34953 29839 34452 laborer Industrial laborer 7647 7673 6991 5968 6890 Agricultural laborers 19118 19182 17477 14920 17226 Teriray industrial laborer 22942 11509 10486 8652 10336 Cultivated land (‘0000 mu) 12.33 21.91 19.94 17.03 16.34 Sowing area 9.85 14.22 12.96 11.06 10.92 (‘0000mu) Grain Total yield (t) 38002 55086 50190 42845 42089 crops Unit area 385.8 387.4 387.3 387.4 385.4 yield kg/mu Sowing area 1.23 4.8 4.35 3.72 2.86 Cultivated Oil- (‘0000mu) land bearing Total yield (t) 1602 10857 9892 8445 2658.2 crops Unit area 130.3 226.2 227.4 227 92.9 yield kg/mu Sowing area 1.25 2.89 2.63 2.25 2.56 (‘0000mu) Other Total yield (t) 17877 56811 51761 44186 40414 crops Unit area 1430.2 1966 1968 1964 1578 yield kg/mu Total output value (‘0000yuan) 28005 43037 39212 33473 32493 Total agricultural output value 9254 16002 14580 12446 10348 Output (‘0000yuan) Total industrial output value value 32404 46162 42059 35904 37086 (‘0000yuan) Total output value of teriary 8715 11016 10036 8567.9 8722 industry (‘0000yuan) Financial income (’00 million yuan) Urban residents per capita income (yuan) 5066 4722.3 4813.4 4625.9 4831.2 Farmers per capita net income (yuan) 2993 2826 2856 2934 2866
27 Henan Province Resettlement Action Plan For The Firsr Year
Table 3.1.2 (continued) Socio-economic conditions of townships (towns) within the project affected area
Low-lying area in lower reaches of Xiaohong Affected township River Huanglou Zhuandian Total households 11352 8797.8 population Total population 41716 32330 Of which: male 20480 15872 Agricultural population (person) 33480 25947 Total laborer (person) 22320 17298 laborer Industrial laborer 4464 13838 Agricultural laborers 11160 34596 Teriray industrial laborer 6696 20757 Cultivated land (‘0000 mu) 11.43 8.85 Sowing area (‘0000mu) 7.76 6.01 Grain Total yield (t) 27753 21509 crops Unit area 357.6 357.9 yield kg/mu Sowing area (‘0000mu) 1.5 1.16 Cultivated Oil- Total yield (t) 2265 1755 land bearing Unit area crops 151 151.3 yield kg/mu Sowing area (‘0000mu) 2.17 1.68 Other Total yield (t) 27772 21523 crops Unit area 1280 1281 yield kg/mu Total output value (‘0000yuan) 20559 15934 Total agricultural output value 7760 6014 Output (‘0000yuan) Total industrial output value value 35495 16671 (‘0000yuan) Total output value of teriary 4511 3496 industry (‘0000yuan) Financial income (’00 million yuan) Urban residents per capita income (yuan) 4763.5 4663.4 Farmers per capita net income (yuan) 2640 2531
28 Henan Province Resettlement Action Plan For The Firsr Year
29 Henan Province Resettlement Action Plan For The Firsr Year
Table 3.1.2 (continued) Socio-economic conditions of townships (towns) within the project affected area
Low-lying larea of JiaLu River and Yinghe River Affected township Chengguan Chiying HonghuaTown Dawangzhuang Yebukou Town Total households 6064 9918 15105 7772 12124 population Total population 97882 43316 66077 32476 54049 population Of which: male 52132 21758 33140 16274 27760 Total households 25015 40399 60563 30854 51368 Total laborer (person) 15204 27113 39971 20306 35504 Industrial laborer 1473 2842 2220 4015 960 laborer Agricultural laborers 6191 18337 31360 11858 28616 Teriray industrial 7540 5934 6391 4433 5928 laborer Cultivated land (‘0000 2.019 5.505 9.424 4.03 5.196 mu) Sowing area 1.97 6.243 9.420 4.490 9.303 Grain (‘0000mu) Total yield 8326 27299 37798 19513 41445 crops (t) Unit area 422 437 401 434 445 yield kg/mu Sowing area 0.485 0.987 1.428 0.681 2.167 Cultivated Oil- (‘0000mu) land bearing Total yield 1243 2955 3529 1643 8418 crops (t) Unit area 256 299 247 241 388 yield kg/mu Sowing area 0.382 2.076 4.322 1.875 2.570 Other (‘0000mu) Total yield 202 1610 2386 1300 1654 crops (t) Unit area 52 78 55 69 64 yield kg/mu Total output value 582335 (total county) (‘0000yuan) Total agricultural 274422(total county) Output output value (‘0000yuan) value Total industrial output 193222 (total county) value (‘0000yuan) Total output value of 114691(total county) teriary industry Financial income (’00 million yuan) 840 139 254 152 160 Urban residents per capita income 7372 (total county) (yuan) Farmers per capita net income (yuan) 3920 2505 3305 2410 2820
30 Henan Province Resettlement Action Plan For The Firsr Year
3.2 Sample Investigation of Basic Information of the Affected Rural Households
Sample investigation of rural households involves 186 residents of 41 households, including 86 women and 113 labourers.
3.2.1 Age distribution, educational level and nationality background of the affected population
(1) Low-lying area along Huaihe River:
The sample investigation of rural households involves 113 residents of 21 households, including 53 women and 68 labourers.
Among the people being investigated 13 are under 18 years old, 55 are between 18 and 40 years old, 37 are between 41 and 60 years old and 8 are above 61 years old and upwards.
Among the people being investigated, 15 are illiterate, 19 have studied in primary school, 70 have studied in junior middle school, 9 have studied in senior middle school or secondary technical school.
(2) Low-lying area in lower Xiaohong River:
The sample investigation of rural households involves 36 residents of 10 households, including 16 women and 23 laborers.
Among the people being investigated, 7 are under 18 years old, 16 are between 18 and 40years old, 11 are between 41 and 60years old, 11 are 61 and upwards.
Among the people being investigated, 2 are illiterate, 23 have studied in primary school, 128 have studied in junior middle school, 3 have studied in senior middle school and secondary technical school and 1 has studied in college.
(3) Low-lying land in low-lying area of Jialu River and lower Yinghe River
The sample investigation of rural households involves 37 residents of 10 households, including 17 women and 22 laborers.
Among the people being investigated, 8 are under 18 years old, 15 are between 18 and 40years old, 12 are between 41 and 60years old, 2 are 61 and upwards.
Among the people being investigated, 2 are illiterate, 7 have studied in primary school, 5 have studied din junior middle school, 1 has studied in senior middle school and secondary middle school, and 8 have studied in college.
According to investigation the residents in the project affected area are all Han nationality, without minority nationality residents.
3.2.2 Investigation on productive resources
(1) Low-lying area along Huaihe River:
The 20 households that were inquired have 124.08mu farmland, average 1.51mu per capita, mainly growing wheat, rice and beans.
31 Henan Province Resettlement Action Plan For The Firsr Year (2) Low-lying area in lower reaches of Xiaohong River
The 56 households that were inquired have 286.35mu farmland, or 1.42mu per capita, mainly growing wheat and corn.
(3) Low-lying area in confluence basin of Jialu River and lower Yinghe River
The 156 households being inquired have 695.63mu farmland, or 1.25mu per capita, mainly growing wheat, corn, soybean, peanuts, cotton and sesame, with wheat and cotton making up larger proportion. 3.2.3 Houses floor space The 227 households be inquired have house sites of 86.3mu or 0.38mu per family, with houses floor space of 21044m2, or 92.7m2 per household and 24.3m2 per capita. Most of the houses were built with bricks and concrete and a small portion of households have 2-storey buildings 3.2.4 Annual income and expenditure of families Among 186 residents of 41 families under investigation, per capita’s annual income was 2992 yuan, including wage-equivalent income of 581 yuan, accounting for 19.4%, income from family-run operation of 2318 yuan, accounting for 77.5%, property income of 23 yuan, accounting for 0.78%, devolution income of 69 yuan, accounting for 2.3%; as for expenditure, the family per capita’s annual total expenditure was 1783 yuan, of which expenditure of cost for household management of production was 495 yuan, accounting for 27.8%, expenditure for purchasing productive fixed assets of 29 yuan, accounting for 1.6%, consumption expenditure of 1186 yuan, accounting for 66.5%; property-equivalent expenditure of 61 yuan, accounting for 3.4%; devolution expenditure of 12 yuan, accounting for 0.72%. Statistics of rural households’ income and expenditure are shown in table 3.2-1.
32 Henan Province Resettlement Action Plan For The Firsr Year
Table 3.2-1 Statistics of rural households income and expenditure
Per capita Project Total (yuan) proportion (yuan) Vage-equivalent income 108066 581 19.4% Income from family-run operation 431148 2318 77.5% Of which: from first industry 407340 2190 73.2% Annual Secondary industry 4650 25 1.1% Income of a household Tertiary industry 19158 103 4.4% Protery income 4278 23 0.8% Devolution income 12834 69 2.3% sum 556512 2992 100% Family run operation expenditure 92070 495 27.8% Of which: first industry expenditure 90396 486 27.2% Secondary industry 744 4 0.2% Tertiary industry 930 5 0.3% Purchasing productive fixed assets 5394 29 1.6% Annual Tax and fees family consuption expenditure 220596 1186 66.5% Property-equivalent expenditure 11346 61 3.4%
Devolution expenditure 2232 12 0.7%
Sum 331638 1783 100%
Net income (income—productive expenditure 517080 2780
3.3 Sample Investigation of Basic Information of Project Affected Urban Residents Households
According to investigation, there is no urban land acquisition or removal in project implementation in the first year.
3.4 Basic Information of Affected Enterprises
According to the investigation, there is no enterprise shall be affected by project implementation in the first year.
3.5 Basic Information of Affected State Institutions
According to investigation, project implementation in the first year shall affect no state institution.
3.6 Basic Information of Affected Stores or Shops
According to investigation, in the project implementation in the first year, no stores or shops shall be affectd.
33 Henan Province Resettlement Action Plan For The Firsr Year 3.7 Unlicensed Construction
According to investigation, there is no unlicensed construction within the scope to be affected by project implementation in the first year.
3.8 Basic Information of Colony of Weak Tendency to Be Affected
According to investigation, among the residentss who have to be relocated because of project implementation, there is no colony of weak tendency which need to give extra consideration.
3.9 Basic Information of National Ethic Community to Be Affected
The project affected areas are inhabited by Han nationality, and there is no ethic community.
34 Henan Province Resettlement Action Plan For The Firsr Year
4 Legal and Policy Framework 4.1 Major Laws and Policy Applicable for Resettlement
4.1.1 State laws and regulations
(1) Land Management Law of the People’s Republic of China ( come into force from Jan. 1, 1999, amended on aug. 28, 2004);
(2) Enforcement Regulations on Land Management Law of the People’s Republic of China (come into force from Jan. 1, 1999);
(3) State Council’s Decision on Deepening Reform and Tightening Land Management (Guofa [2004] 28);
(4) Guide Opinion on Perfecting Compensation and Settlement System for Requisition of Land ( Guofa [2004] 238, come into force from nov. 3, 2004);
(5) Regulations on Compensation for Requisition of Land and Resettlement of Large and Middle Scale Water Conservancy and Hydroelectric Engineering Construction (come into force from sep. 1, 2006).
4.1.2 Local Rules and Regulations and Policy
Henan Province Implementation of Land Management Law (come into force from dec. 1, 1999);
4.1.3 Policy of World Bank
Business policy of World Bank OP 4.12 “Involuntary Resettlement” and appendix (come into force from jan. 1, 2002).
4.2 Relevant Provisions of Laws and Policy Concerning Resettlement
4.2.1 Relevant decisions of Land Management Law of the People’s Republic of China
Clause 8: The land in urban area of cities is owned by state.
The land in countryside and suburb of cities, excluding the land that is owned by state in accordance with stipulations of rules and regulations, is collectively owned by farmers; house sites, household plot and private hills are collectively owned by farmers.
Clause 10: The collective land owned by villages according to law should be managed or run for operation by the village’s collective economic organizations or villagers’ committee; if the land is owned collectively by more than 2 collective economic organizations of the village, the land should be run for operation and managed by the village collective economic organizations or villagers groups; the land collectively owned by township (town) farmers should be run for operation and managed by township (town) rural collective economic organizations.
35 Henan Province Resettlement Action Plan For The Firsr Year Clause 45: Requisition of land with following features should be subject to approval of State Council:
Basic farmland:
Cultivated land not included in basic farmland, however exceeding 35 hm2;
Other land, however exceeding 70 hm2;
Clause 47: Requisitioned land should be compensated according to original utilization
The compensation for requisition of cultivated land should include compensation for land, settlement allowance and compensation for on-ground attachments and young crops. Compensation for land in requisition of cultivated land should be 6 to 10 times of average annual output value of 3 years prior to the land being requisitioned. Settlement allowance in requisition of cultivated land should be calculated on the basis of number of agricultural population that should be relocated. The number of the agricultural population be relocated should be calculated in accordance with acreage of requisitioned cultivated land divided by per capita acreage of land before land acquisition. Settlement allowance of each agricultural resdents be relocated should not exceed 15 times of average annual output value of 3 years before the land being requisitioned.
As regards to requisition of non-cultivated land, compensation for land and settlement allowance should be decided by governments of provinces, autonomous regions and municipalities directly under the Central Government by consulting the compensation standard for land and settlement allowance in requisition of cultivated land.
The compensation standard for on-ground attachments and young crops of requisitioned land should be decided by governments of provinces, autonomous regions and municipalities directly under the Central Government. Requisition of vegetable field in suburbs of cities, land users should pay new vegetable field development construction funds in accordance with the State relevant stipulations.
If the compensation for land and settlement allowance paid in accordance with provisions section 2 of this clause can not maintain original living standard of the relocated farmers, with the approval of governments of provinces, autonomous regions or municipalities directly under the Central Government, settlement allowance could be increased. However, the sum of compensation for land and settlement allowance should be no more than 30 times of annual average output value of 3 years before the land being requisitioned.
Clause 48: After compensation scheme for land and relocation of land requisition being decided, the local people’s governments concerned should issue a notice and listen to opinions of rural collective economic organizations and farmers whose land has been requisitioned
Clause 49: The rural collective economic organizations with the land being requisitioned should inform members of the said collective economic organizations the income and expenditure of the compensation and subject itself to supervision.
It is forbidden to misappropriate or divert the compensation for land acquisition or other related fees.
36 Henan Province Resettlement Action Plan For The Firsr Year Clause 50: Local governments at all levels should support the rural collective economic organizations and farmers with the land being requisitioned to engage in development operation and set up enterprises.
Clause 54: If construction units hope use state-owned land, they should pay for land use; however, the following landuse for construction should be subject to approval of county or higher level governments for allocation of the land:
State organs landuse or military land use;
Urban infrastructure landuse and public welfare establishments landuse;
Landuse for energy, communication, water conservancy and other infrastructures under the State priority support;
Other landuse under the stipulations of laws or administrative laws and regulations.
Clause 57: If a construction project and geological prospecting need to use temporarily state- owned land or farmers collective land, it should be subject to approval of land managment departments of county or higher level people’s governments. Among which, temporary land use within urban planning area, before submitting the landuse report for approval, it should be approved by city planning administrative departments beforehand.The land users should sign contracts on temporary use of land with land administrative departments or rural collective economic organizations or villagers committees, and pay compensation for temporary use of land according to the contract stipulations.
The users of temporary land use should use the land in accordance with contract stipulations on usage of the land and it is not allowed to build permanent construction.
Generally speaking, time of temporary landuse should not exceed 2 years.
Clause 62: For villagers, one household should have only one house site, and acreage of the house site should not exceed the standard decided by governments of provinces, autonomous regions or municipalities directly under the Central Government.
When a farmer build a house, the house should comform with general plan for land use of townships (town), try to build the house on original house site or vacant land. Land use for building houses by village people should be checked by township (town) people’s governments and be subject to approval by county level people’s governments; when occupying farmland, the landuse should go through the procedures stipulated in Clause 47 hereinabove. If a villager who has sold or rent out his (her) house applies for another house site, the application should not be approved.
4.2.2 Relevant stipulations of Enforcement Regulations on Land Management Law of the People’s Republic of China
Clause 2: The land with features listed below is owned by epublc i.e. owned by State
(1) Land in urban area of cities;
37 Henan Province Resettlement Action Plan For The Firsr Year (2) Land in countryside and suburb of cities that have become state-owned land through confiscation according to law, levy or requisition by purchase;
(3) Land taken over by state according to law;
(4) Forest land, grass land, wasteland, mud flat and other land that are not owned by collective according to law.
(5) Land owned by members of a rural collective economic organization, however the whole members have become city residents;
(6) Because of State arranged resettlement or natural disasters, farmers being relocated on a village basis, the original farmers’ collective land no longer being used by the relocated farmers.
Clause 16: Within the scope of cities and villages or village towns construction landuse defined in land use general plan, occupying farmland for implementing urban planning and village and town planning, and occupying farmland for energy, communication, water conservancy, mining and military facilities out of the urban construction landuse scope defined in land use general plan, city or county people’s governments, rural collective economic organizations and construction units should respectively be responsible for reclaim cultivated land in accordance with provisions of clause 31 of Land Management Law; for the cases that the land could not be reclaimed or reclaimed land is not up to demand, the organizations concerned should pay for reclamation in compliance with regulations of governments of provinces, autonomous regions or municipalities directly under the Central Government.
Clause 25: After land acquisition scheme is approved according to law, the scheme should be implementated by city or county people’s governments and a notice on the department that approves the land acquisition, the sanction number, usage, scope and acreage of the requisitioned land and compensation standard for requisitioned land, settlement scheme for for agricultural population and time limit for land acquisition compensation, etc. should be made public in townships (towns) or villages where requisitioned land is located.
The owners and users of requisitioned land should bring the certificates to the designated people’s government land administrative departments to handle registration of land acquisition compensation within the time limit stipulated in the notice.
Land administrative departments of city or county people’s governments, in accordance with the approved land acquisition scheme, jointly with departments concerned should work out compensation and relocation scheme for land acquisition, and paste up notices in towns (townships) and villages where the requisitioned land is located, listen to the opinions of rural collective economic organizations and farmers whose land is requisitioned. After the compensation schemes for requisition of land and settlement is approved by city or county people’s governments, the schemes should be implemented by land administrative departments of city or county governments. If there are objections to the compensation standard, county or higher level governments should mediate the disputes; if the disputes could not mediated, that should be arbitrated by the people’s governments that approved the requisition of land. Disputes on compensation for requisition of land and settlement should not influence implementation of the land acquisition scheme.
All the costs for land acquisition should be fully paid in 3 months from the date on which the schemes for land acquisition and settlement are approved.
38 Henan Province Resettlement Action Plan For The Firsr Year
Clause 26: The compensation for land should be owned by rural collective economic organizations; the compensation for the on-ground attachments and young crops should be owned by owners of the attachments and young crops.
The settlement allowance for requisition of land should be only used for resettlement and not used for other purposes. If the resettlers are settled by rural collective economic organizations, the settlement allowance should be paid to the rural collective economic organizations, and managed and used by the rural collective economic organizations; if the resettlers are settled by other institutions, the settlement allowance should be paid to the institutions that have settled the resettlers; if the resettlers are not settled in a unified way, the settlement allowance should be paid to the resettlers, or after getting approval form the resettlers, the settlement allowance could be used for paying insurance charge. City, county and township (town) people’s governments should tighten supervision on use of settlement allowance.
Clause 28: If a building project construction or geological prospecting need to occupy cultivated land temporarily, the land user should restore growing conditions in one year from the expiration of the temporary land use.
Clause 35: If permanent buildings or structures are constructed on the land for temporary use, land administrative departments of county or higher level people’s governments should order the institutions concerned to remove the buildings or structures within a stated time; if the building or structures are not removed on expiry, the departments which issued the order should apply for forcible execution by people’s court according to law.
4.2.3 The relevant provisions of State Council’s Decisions on Deepening Reform and Tightening Land Management
(12) Improve and perfect compensation methods for requisition of land. Local people’s governments at county level and upwards should take practical measures to ensure that the living conditions of people with the land being requisitioned should not become worse because of land requisition. It should be guaranteed to pay in time full compensation for land, settlement allowance and compensation for on-ground attachments and young crops. If compensation for land and settlement allowance paid according to provisions of laws and regulations in force still can not maintain the original living standard of the farmers with land being requisitioned, and not sufficient enough to pay for social security of the farmers who have no land because of land acquisition, people’s governments of provinces, autonomous regions and municipalities directly under the Central Government should approve to increase settlement allowance. If the sum of compensation for land and settlement allowance is up to policy stipulated upper limit, however, it still can not maintain the original living standard of the farmers with land being requisitioned, and is not sufficient enough to pay for social security of farmers whose land have been requisitioned, people’s governments of provinces, autonomous regions and municipalities directly under the Central Government should approve increment of settlement allowance. If the sum of compensation for land and settlement allowance is up to legal upper limit, that still can not maintain the original living standard of farmers with land being requisitioned, local people’s governments could provide subsidy from the income from payable uses of state-owned land. People’s governments of provinces, autonomous regions and municipalities directly under the Central Government should work out and make public known the unified annual output valued standard or regional unified land price, to guarantee same price of compensation for requisition of land in the same region, and the cost for requisition of land for state key construction projects
39 Henan Province Resettlement Action Plan For The Firsr Year must be fully listed in financial estimates. Compensation standard and resettlement methods of land acquisition for large and medium-sized hydraulic and hydro-electric projects construction is separately decided by State Council.
(13) Relocate properly the farmers with land being requisitioned. People’s governments at county level and upwards should work out specific methods to guarantee the long-term livelihood of the farmers with land being requisitioned. For the projects with stable income, farmers could become shareholders with the landuse right of land use construction approved by law, within city planning area, local people’s governments should involve the farmers who do not have land because of land acquisition in urban employment system, and set up social security system; outside urban planning area, when farmers collective land is purchased by the public, local people’s governments should reserve necessary farmland or arrange appropriate working positions in their own administrative regions for farmers who have lost farmland because of land acquisition; the farmers without farmland and having no basic productive and living conditions, should be relocated in other locations. Labor and social security departments jointly with other departments concerned should put forward guide opinions on setting up pre-job training and social security system for farmers whose land have been requisitioned.
(14)Perfect procedures for requisition of land. In the process of land acquisition, the rights and interests of farmers’ collective land ownership and farmers land contractual operation rights should protected. Before submitting a report on land acquisition to higher level authorities for approval according to law, the usage, location, compensation standard and settlement ways for the land to be requisitioned should be informed to farmers whose land shsll be requisitioned; the survey results of current situations of the land to be requisitioned should be confirmed by farmers collective economic organizations and farmers whose land shall requisitioned; if necessary, land resources departments should arrange a public hearing in accordance with relevant stipulations. The relevant data that have been known and confirmed by farmers with land being requisitioned should be taken as the essential materials in submitting a report to higher level authorities for approval. Set up and perfecting of coordination and arbitration mechanism for disputes on compensation and settlement of land acquisition should be speeded up to safeguard the lawful rights and interests of farmers whose land is requisitioned and land users. The approved land acquisition, except special cases, should be declared.
(15) Strengthen supervision on process of land acquisition. If compensation for land and settlement allowance has not been arranged, the requisitioned land should not be put into use. People’s governments of provinces, autonomous regions and municipalities should work out methods for allocation of land compensation within rural collective economic organizations, in accordance the principle that land compensation should mainly used for the interest of farmers whose land is requisitioned. The rural collective economic organizations with land being requisitioned should make public known the income and expenditure and allocation of compensation for requisition of land to their members, and subject themselves to supervision. Agriculture, civil affairs and other departments should tighten supervision on allocation and use of compensation for requisition of land inside the rural collective economic organizations.
4.2.4 Relevant regulations of Guide Opinions on Perfecting Compensation and Settlement System for Requisition of Land
Clause 1: Stipulations “concerning compensation standard for requisition of land”:
40 Henan Province Resettlement Action Plan For The Firsr Year (2) Decision on unified times of annual output value. Unified times of annual output value of compensation for requisition of land and settlement allowance, in accordance with the principle of ensuring the original living standard of farmers with land being requisitioned not to lower down, should be decided within the scope stipulated by laws and regulations; If the compensation for requisition of land and settlement allowance calculated on the basis of legal unified times of annual output value can not maintain the original living standard of the farmers with the land being requisitioned, or not sufficient enough to pay for social security expenses of the farmers who have no land because of land acquisition, the times should be heightened after being approved by People’s Governments at provincial level; If the sum of compensation for requisition of land and settlement allowance are calculated on the basis of 30 times, and still are not sufficient enough to maintain the original living standard of the farmers whose land are requisitioned, local People’s Governments should make overall arrangement and transfer a certain proportion of income from payable use of state-owned land as subsidy to the farmers whose land are requisitioned. If occupying of basic farmland is approved according to law, compensation for requisition of land should be paid in accordance with the highest compensation standard issued by local People’s Governments.
(3) Working out of regional unified land price for requisition of land. For the region with essential conditions, provincial land resources departments jointly with other departments concerned should work out regional unified land price for land acquisition of various counties within the province and the regional unified land price for land acquisition should be issued for implementation after being approved by provincial People’s Government, and requisition of land should be compensated. Working out of regional unified land price should take into account such factors as land category, output value, land location, farmland grade, per capita farmland acreage, land supply-demand relations, local economic development level and city residents minimum standard of living.
Clause 2: Specifications “concerning the ways for settlement of the farmers with land being acquisitioned”:
(5) Settlement through agricultural production. For the case of requisition of farmers collective land outside city planning area, through the measures of utilizing rural collective reserve land, farmers voluntarily returning contracted land, contracted land turnover and reclaimed land, the farmers with land being requisitioned should be given priority to regain necessary farmland and continue their agricultural production.
(6) Settlement through selecting a new job. Departments concerned should positively create favourable conditions and providing free labour skill training to farmers with land being requisitioned, and providing appropriate working positions. Under equal conditions, land users should give priority to farmers with land being requisitioned in getting a job. For the case of requisition of farmers’ collective land within city planning area, the farmers who have no land because of land acquisition should be involved in urban employment system, and covered by social security system.
(7) Settlement through becoming shareholders and sharing out bonus. For the landuse projects with long-term stable income, on the premise of farmers’ will, rural collective economic organizations with the land being requisitioned could consult with land users and buy shares with the compensation for land acquisition and settlement allowance or with the approved landuse right of the land used by construction after setting a price for the land. Rural collective economic organizations and rural households could get income by means of priority shares defined by contract.
41 Henan Province Resettlement Action Plan For The Firsr Year (8) Resettlement at different locations. If the farmers who have no land because of land acquisition could not be provided with basic productive and living conditions at the original locations, on the premise of adequately seeking the opinions of rural collective economic organizations and rural households with land being requisitioned, local governments should arrange resettlement at different locations.
Clause 3: Stipulations “concerning procedures for requisition of land”:
(9) Inform land acquisition. Before submitting a report to higher level authorities for approval of land acquisition, local land resources departments should inform with a written notice on usage, location and compensation standard of land to be requisitioned and settlement ways to rural collective economic organizations and farming households of which the land shall be requisitioned. After then, any on-ground attachments built or young crops grown on the land to be requisitioned should not be compensated when the land is requisitioned.
(10) Confirm investigation results of land acquisition. Local land resources departments should make investigation on current status of ownership, land category and acreage of the land to be requisitioned, and the ownership, kind and quantity of on-ground attachments, and confirm the investigation results with rural collective economic organizations and farming households with land being requisitioned and property owners of on-ground attachments.
(11) Organize public hearing on requisition of land. Before submitting a report to higher level authorities for approval of land acquisition, local land resources departments should inform rural collective economic organizations and farming households that they have the rights of applying for hearing the compensation standard for the land to be requisitioned and settlement ways. If the interested parties apply for hearing, a public hearing should be arranged in accordance with the procedures stipulated in “Regulations on Public Hearing for Land Resources” and relevant requirements.
4.2.5 Relevant provisions of “Regulations on Compensation for Requisition of Land and Resettlement of Large and Middle Scale Water Conservancy and Hydroelectric Engineering Construction”
Clause 19: Make a thorough investigation of distribution of historic relics in project occupied area and inundated area, make sure protective value, and adhere to the principles of protection foremost and salvage first, and carry out key protection and key unearth.
Clause 22: For the land requisitioned in large and middle scale water conservancy and hydroelectric engineering construction, the sum of compensation for land and settlement allowance should be 16 times of annual output value of 3 years before the cultivated land is requisitioned. If the compensation for land and settlement allowance could not maintain original living standard of the resettlers, and standard needs to be increased, the project legal person or project responsible departments should submit a report to the departments that are responsible for approval or check of the projects.
Compensation standard for land and settlement allowance standard for other land acquisition should be implemented in accordance with standard decided by governments of provinces, autonomous regions or municipalities directly under the Central Government where the projects are located.
42 Henan Province Resettlement Action Plan For The Firsr Year Compensation standard for a small amount of trees and young crops on the land being requisitioned should be implemented according to the standard decided by governments of provinces, autonomous regions or municipalities directly under the Central Government where the projects are located.
On-ground attachments on the land that is requisitioned should be compensated according to the original size, original standard or the principle of restoring original functions; If the compensations are not enough to build essential houses for low-income farmers, the farmers should be given appropriate subsidy.
For the case of using state-owned cultivated land used by other units or persons according to law, the compensation should be paid on the basis of compensation standard for cultivated land to be requisitioned. Using state-owned unused land that is not allocated to other unit or individual should not be compensated.
Clause 32: Relocation expenses and compensation for personal properties sunch as resettlers’ houses and attached buildings, trees, young crops and agricultural and side-line facilities should be fully paid to the resettlers by county level People’s Governments in resettlement area.
Clause 35: Rural residential area for centralized relocation of rural resettlers should be built in accordance with the scale and standard stipulated in approved resettlement planning.
The basic facilities including road, water supply and power supply of rural residential area for centralized relocation of rural resettlers should be constructed in a unified way by towns (townships) or villages.
Residential houses of rural resettlers should be built by themselves. Local governments concerned or villagers committee should make a plan on house sites in a unified way, but they should not impose house building standard on resettlers.
Clause 37: If resettlement work achieves the phasic targets and resettlement work is fulfilled, People’s Governments at he level of province, autonomous region of municipality directly under the Central Government or State Council’s resettlement administrative department should organize institutions concerned to carry out check; If resettlement has not been checked or not up to standard, no phasic check or final check of complete projects should be carried out on large and middle scale water conservancy and hydroelectric works.
Clause 41: People’s Governments at all levels should strengthen basic facilities construction including commutations, energy, water conservancy, environment, culture, education, health and broadcasting and television in resettlement area and support resettlement area development.
Clause 42: State built productive construction projects in resettlement area and large and middle scale water conservancy and hydroelectric engineering benefited areas should give priority to employment to qualified resettlers.
Clause 45: People’s Governments at all levels and departments concerned should strengthen scientific and cultural knowledge and practical skills training of resettlers, improving resettlers’ quality and capability for employment.
Clause 46: Local governments at all levels and departments concerned in large and middle scale water conservancy and hydroelectric engineering benefited area, in accordance with principles of
43 Henan Province Resettlement Action Plan For The Firsr Year supplementing each other with each other’s advantage, achieving mutual benefit, implementing cooperation in long time and striving for common progress, take multiple measures to give support to resettlement area.
Clause 49: People’s Governments at county level and upwards should enhance supervision on appropriation, use and management of compensation for requisition of land and resettlement funds, and latter period support funds for reservoir resettlers of People’s Governments at lower levels and departments or institutions concerned include financial, development and reform and resettlement.
Local People’s Governments at county level and upwards or resettlement management institutions should enhance management of compensation for land acquisition and resettlement funds and latter support funds for reservoir resettlers and make regular report to People’s Governments of higher level or resettlement management departments and briefing the project legal person on appropriation, use and management of the funds.
Clause 50: Audit and supervisory departmentss at all levels should strengthen audit and supervision on appropriation, use and management of land acquisition compensation and resettlement funds and latter period support funds for reservoir resettlers.
Financial departments of People’s Governments at county level and upwards should enhance monitoring on appropriation, use and management of land acquisition compensation and resettlement funds and latter period support funds for reservoir resettlers.
When audit and supervisory organs and financial departments carry out audit, supervision and monitoring, organizations and individual concerned should cooperate and timely provide relevant information.
Clause 52: The funds of compensation for land acquisition and resettlement should be deposit with a special account and interest in deposit period should be included in the funds of compensation for requisition of land and resettlement and should not be diverted to any other purpose.
Clause 53: People’s Governments at county level should declare to masses investigation results of acreage and category of land requisitioned by large or middle scale hydraulic and hydroelectric engineering construction, compensation scope, compensation standard and amount as well as settlement scheme. If the masses raise an objection, the People’s Governments at count level should check in time and make correction on inaccurate items of statistics and investigation results; If there are no mistakes, the People’s Governments at county level should make explanation.
The townships (towns) and villages that have resettlement tasks should set up and perfect financial management system for the funds of compensation for land acquisition and settlement, and paste up a notice on income and expenditure of compensation for land acquisition and settlement, getting surveillance by the masses; The scheme for use of compensation for collective properties should be subject to discussion for approval at villagers meeting or villagers representatives meeting.
Clause 55: State safeguards lawful rights and interests of resettlers.
44 Henan Province Resettlement Action Plan For The Firsr Year In the process of making compensation for requisition of land and resettlement, if resettlers consider that their lawful rights and interests are infringed upon, they could report to People’s Governments at county level and upwards or resettlement management departments, the People’s Governments at county level and upwards or resettlement management departments should verify the reported problems and resolve the problems properly. Resettlers could also bring in a lawsuit to people’s court according to law.
Clause 60: Being contrary to provisions of this regulations, embezzlement, retention and misappropriation of funds of compensation for requisition of land and resettlement and later period support funds for reservoir resettlers, the institutions or individuals should be ordered to return the embezzled, retained or misappropriated funds and be imposed a penalty of 3 times of the amount of money that are embezzled, retained or misappropriated. The persons who are directly responsible for the matter and other responsible persons should be given administrative punishment according to law; If constituting a crime, the responsible people concerned should be given criminal sanctions according to law.
Clause 61: Being contrary to provisions of this regulations, delaying removal or refusing to remove, local People’s Governments or resettlement management departments could apply for people’s court’s forcible execution; the people who is contrary to security administrative laws and regulations should be given security administrative punishment; If constituting a crime, the responsible people concerned should be given criminal sanctions according to law.
4.2.6 “Henan Province Implementation of Land Management Law”
Clause 6: The kind of land listed below is collectively owned by farmers:
(1) Land in countryside and suburbs of cities, except the land that is owned by state according to stipulations of laws and regulations;
(2) Starting from 1961 when ownership of defined land was implemented in countryside, the land was confirmed to be owned by farmers collectively and not requisitioned by state according to law;
(3) Barren mountain, waste land, forest land, meadowland, water area and shoaly land that are collectively owned by farmers according to law and state relevant regulations;
(4) Rural residents used house sites, private plots, private hills, private ponds and forage crops land, etc.;
(5) Collective owned land used by rural enterprises, townships (towns) and village public facilities and public welfare establishments;
(6) Being approved by People’s Governments at county level and upwards, original state-owned land that is conversed to farmers collective owned;
(7) Other land that is owned collectively by farmers according to law.
Clause 34: Requisitioning farmers’ collective land, it should be compensated in accordance with the regulations below:
(1) Compensation for land.
45 Henan Province Resettlement Action Plan For The Firsr Year For requisition of farmland, if the land is located in outskirts of cities which have districts, compensation should be 8 to 10 times of annual average output value of recent 3 years; If the land is located in suburbs of cities without districts, industrial and mining area, and organic town, compensation should be 7 to 9 times of annual average output value of recent 3 years; If the land is located elsewhere, compensation should be 6 to 8 times of annual average output value of recent 3 years.
In requisition of cultivated land, compensation for by-products of kinds of crops (excluding vegetables) should be calculated according to 10%~20% of annual output of main products.
Compensation for other land being requisitioned should be calculated on the basis of compensation for requisition of cultivated land.
(2) Settlement allowance.
The standard of settlement allowance of 667m2 cultivated land: Compensation for the case with per capita’s cultivated land exceeding 667m2 should be 4~5 times of average annual output value of 3 years before the land being requisitioned; Per capita’s cultivated land ranging form 334~667m2, compensation should be 6~9 times of average annual output value of 3 years before the land being requisitioned; With per capita’s cultivated land less than 334m2, compensation should be 10~12 times of average annual output value of 3 years before the land being requisitioned. For special cases maximum compensation for 667m2 should be no more than 15 times of average annual output value of 3 years before the cultivated land being requisitioned.
Settlement allowance for requisition of land should be implemented base on settlement allowance standard for requisition of cultivated land.
(3) Compensation for young crops. Compensation is calculated for one harvest output value.
(4) Compensation methods and standard for attachments should be implemented in accordance with regulations of Henan Provincial People’s Government. From the date when notice on land acquisition is paste up, new attachments should not be compensated.
Clause 35: If the requisitioned collective land is owned by village collective economic organizations or villagers committee, compensation for land should be paid to village collective economic organizations or villagers committee; If the land is owned by villagers groups, the compensation should be paid to villagers groups; If the land is owned by township (town) collective economic organizations, compensation for land should be paid to township (town) collective economic organizations. Payment and utilization of compensation for on-ground attachments, young crops allowance and settlement allowance should be implemented in accordance with provisions of Clause 26 of Enforcement Regulations on Land Management Law of the People’s Republic of China.
Clause 37: If it is needed by construction, after being approved, state-owned land cultivated by farmers is recovered, compensation for young crops and on-ground attachments should be paid in accordance with relevant provisions of this implementation methods. If farmers cultivated the land for less than five years, farmers should be given certain amount of subsidy; If the land is cultivated for more than five years, subsidy should be paid in amount of 4~6 times of average annual output value of recent three years. If state-owned land used by state forestry centers or
46 Henan Province Resettlement Action Plan For The Firsr Year state farms is recovered, compensation should be paid on the basis of compensation standard for requisition of cultivated land.
Clause 38: Annual output value in calculation of compensation for land and settlement allowance stipulated in this implementation method are all calculated on the basis of average annual output of past three years and State fixed current mean price of products; If State does not fix the price, it is calculated on the basis of average price of local market.
Clause 39: If there are facilities closely linked with production and living such as waterhead, canal, culvert and sluice, pipeline, road and cable, etc. within the scope of land being requisitioned, local People’s Governments should organize departments concerned jointly with land users and construction units to handle the facilities properly and should not block or damage the facilities without authorization. If the facilities are blocked or damaged, the facilities should be rehabilitated or corresponding engineering facilities should be built according to regulations.
Clause 40: Temporary land use should be implemented in accordance with provisions of Clause 57 of “Land Management Law of the People’s Republic of China”. Upon expiry of temporary landuse, the land users should restore the original conditions of the land and return the land.
Clause 51: When rural villagers build residential houses, the houses should be built in line with land use general plan of the townships (towns) and villages and small towns development plan, the original house sites and vacant land inside the village should be used first. If there is vacant land inside a village, the land outside the village should not be agreed to use.
One rural household should have only one house site and acreage of the house site should be determined according to standard listed below:
(1) In suburbs of cities and towns or plain area where per capita’s cultivated land is less than 667m2, one household’s house site should be no more than 134m2;
(2) In plain area where per capita’s cultivated land is above 667m2, one household’s house site should be mo more than 167m2;
(3) In mountainous regions and hilly areas, one household’s house site should be no more than 200m2; If houses are built on cultivated land, the acreage should be determined according to provisions (1) and (2) of this clause.
4.2.7 World Bank’s relevant policy concerning involuntary resettlement
Working out of the resettlement plan of this project follows relevant principles of World Bank’s “Business Policy on Involuntary Resettlement OP/BP 4.12” that shall be carried out in implementation of the resettlement plan. The aim of World Bank’s resettlement policy is to guarantee that the resettlers of a project could benefit from the project implementation. Relocation of involuntary resettelers is an inseparable part of the project and should be carried out by combining with the following policy at the initial stage of project preparation:
A. Study every feasible project design scheme to avoid or decrease involuntary resettlement. If resettlement is inevitable, resettlement activities should be designed and implemented as a sustainable development scheme.The project should provide adequate funds so that the resettlers could share the benefit from the project. The project managers should carefully consult with
47 Henan Province Resettlement Action Plan For The Firsr Year resettlers and provide opportunity to resettlers to participate in planning and implementation of resettlement scheme. The project should help resettlres to improve their livelihood and living standard, at least restore the living standard to a higher level before removal or project implementation.
B. This policy applies to all project components which bring about involuntary resettlement, no matter what mode of financing. The policy also applies to other activities which account for involuntary resettlement, and according to World Bank’s judgment, these activities, (a) have direct or significant relations with the project funded by World Bank; (b) are necessary for achieving the targets defined in project documents; (c) are carried out or planed to be carried out simultaneously with the project.
C. (1) In resettlement plan or resettlement policy framework appropriate measures should be specified to guarantee that resettlers
(i) are informed their option on resettlement and other rights;
(ii) know the technically and economically feasible alternatives, participate in consultation and have opertunities to choose;
(iii) get quick and effective compensation in accordance with full replacement cost, to set off direct propert losses brought about by project.
(2) If project influence include relocation, then resettlement plan or resettlement policy framework should take appropriate measures to guarantee that resettlers
(i) get help in relocation (for instance relocation subsidy);
(ii) get residential houses or house sites, or get agricultural production sites. Productive potentials, location advantages and other comprehensive factors of agricultural production sites at least should be equivalent to favorable conditions of the original sites.
(3) In order to achieve the targets of this policy, resettlement plane or resettlement policy framework should also take appropriate measuresat at necessary time to guarantee that resettlers
(i) after relocation, according to time duration that is needed for restore livelihood and living standard, reasonably estimate transition duration and get help in transient period;
(ii) get help in land preparation, credit, training or employment.
D. (1) Work out and implement specific components of the project; (2) Decide standard for quification of resettlers; (3) Define appropriate measures to help resettlers improve their living standard, or at least restore the living standard to the original level (being calculated according to real value), at the same time, maintain the sustainability of park or urban conservation area; (4) Deal with potential conflict related to resettlement.
E. In order to prevent occurrence of removal or limiting use of resources or properties before necessary resettlement measures are implemented, implementation of resettlement activities should be linked with project investment. As regards to the influence mentioned in section 3 (a) of this policy, the measures should include providing compensation before removal and necessary help to relocation, as well as resettlement sites with all necessary facilities. It should
48 Henan Province Resettlement Action Plan For The Firsr Year be pointed out that requisition of land and related properties should be implemented only after compensation is paid, if necessary, after relocation sites and removal allowance are provided. As regards to influence mentioned in section 3 (b), the measures should be taken as a part of the project and implemented in accordance with requirement of project implementation plan.
F. For resettlers who live on land, the strategy of settlement based on land should be placed in the first place. The strategy includes relocation of resettlers on public land or private land that has been purchased for relocation of resettlers. No matter at what time when alternate land is provided, the productive potentials, location advantages and other comprehensive factors of the land provided to resettlers should be at least equal to the favorable conditions before land acquisition. If resettlers do not give priority to the alternative of getter land, if the provided land will bring about adverse effect on sustainability of park or urban conservation area, or resettlers could not get adequate land according to reasonable price, except compensation in cash for land and other property losses, the resettlers should be provided with leaving land settlement scheme including the opportunity for employment or supporting oneself. If there is no adequate land, it should explained and put down in document in accordance with demand of World Bank.
G. Compensation qualification standard. Resettlers could be divided into three categories as below:
People who have official lawful right on land (including state laws and regulations confirmed consistent and traditional right);
People who do not have official lawful right on land at beginning of investigation, however, they claim the plot or priority----- such claim is confirmed by state laws and regulations, or console be approved through the procedures defined in resettlement plan; and people who do not have lawful right on the land they occupied or do not claim the land they occupy.
4.3 Resettlement Policy of the Project
Resettlement policy to be implemented under this project is worked out in accordance with relevant resettlement policy of People’s Republic of China, Henan Province, Zhoukou City and World Bank.
As regards this project, without approvement of World Bank, relevant policy provisions and qualification identifying standard of right, basis of valuation for property and compensation standard should not be changed.
In accordance with current design scheme of the project, project influence mainly includes requisition of land and removal of houses. The following policy applies to influence of the project.
4.3.1 Policy of compensation and arrangement of labour for requisition of collective land
4.3.1.1 Compensation policy for requisition of collective land
(1) The land being requisitioned should be compensated according to original usage of the land being requisitioned. Compensation for requisition of land includes compensation for land, settlement allowance and compensation for on-ground attachments and young crops. Compensation for land should be paid to rural collective economic organizations; Compensation for on-ground attachments and young crops are paid to owners of the attachments and young
49 Henan Province Resettlement Action Plan For The Firsr Year crops; Settlement allowance for requisition of land should be specially used for arrangement of labour originally worked on land and should not be used for other purposes; If the labour needs to be arranged are arranged by rural collective economic organizations, the settlement allowance should be paid to the rural collective economic organizations and managed and used by the rural collective economic organizations; If the labour are arranged by other units, settlement allowance should be paid to other units; If the labour do not need to be arranged unifiedly, the settlement allowance should be paid to the individual to be relocated, or after being agreed with, paid for insurance expenses of the person to be relocated. People’s Governments at the levels of city, county and township (town) should enhance supervision on use of settlement allowance.
(2) Because cities and counties where the project is implemented have not worked out their own implementation policy for land acquisition, compensation for requisition of land under this project is calculated mainly in accordance with relevant provisions of “Henan Provicne Implementation of Land Management Law” and “Regulations on Compensation for Requisition of Land and Resettlement of Large and Middle Scale Water Conservancy and Hydroelectric Engineering Construction”. Compensation for cultivated land requisitioned in this project implementation is calculated according to 6 times of per mu average output value of past 3 years; Settlement allowance is paid according to 10 times of per mu average output value of past 3 years; Compensation for young crops is paid according to 0.5 time of per mu average output value of past 3 years. Compenattion for on-ground attachments, in accordance with documnent of Yuzheng [1989] No.113 “Henan Province Compensation Standard for On-ground Attachements of Land Acquisition for State Construction”, is determined on basis of considering certain price increment index.
Compensation for other land is determined by consulting compensation standard for cultivated land.
4.3.1.2 Resettlement Policy
This project resettlement mainly adopts monetary settlement.
This project is for river regulation and land occupied by the project is in zonal distribution. Although overall land occupation amount is not large, yet it involves a large number of villages, village groups and farming households, and land occupied in each village or villagers group is less, and land loss rate is rather low. Moreover, project area has rich land resources with per capita’s cultivated land of more than one mu and farmers will lose basic provision farmland because of the project implementation. At present, farmers in project area develop private economy and they need mainly funds and technology, therefore resettlement of this project mainly adopts monentary resettlement.
4.3.2 Compensation for temporary land occupation
The project temporary land occupation is mainly used for construction and spoil from river excavation, and the features of temporary land occupation is in zonal distribution along river and in large quantity. For the purpose of saving on land, after completion of the project the construction unit should carry out second ploughing of the temporarily occupied land, and restore farming conditions to the original level before temporary land occupation.
Compensation for temporary land occupation includes land loss compensation and subsidy for restoring the cultivation. Land loss compensation is mainly used for compensating the land owners for total output and income from the original land and the subsidy is mainly used for restoring cultivation of the temporarily occupied land upon expiry of temporary land occupation.
50 Henan Province Resettlement Action Plan For The Firsr Year Land loss compensation will be determined according to the annual output value of the original land and duration of temporary land occupation; Subsidy for restoring the cultivation, based on the type of temporary land occupation, shall be determined according to the cost actually needed for restoring the cultivation.
Young crops allowance will not be paid for temporary land occupation in the project implementation.
4.3.3 Policy of compensation for residential houses removal and resettlement.
4.3.3.1 Compensation principles
(1) Compensation and rights and interests provided to project affected farming households should be reasonable, at least could maintain their current housing conditions and even better.
(2) All the buildings being negatively influenced in the project areas should be provided with compensation. Anyone who may not have complete household registration formalities or rental formalities and some building’s legal formalities are not be complete that should be no excuse for refusing to pvovide compensation and help.
4.3.3.2 Rural residential houses
Among rural houses being affected by the project, some sre main buildings and need to be removed, and some are outbuildings and are not becessary to be removed. If the households that need to be removed decide to reconstruct houses within the original village or the original village group, the village or village group should allocate house sites to them, and households could remove the original houses and build new houses by themselves. The houses that are affected by the project implementation and need to be removed should be compensated in accordance with replacement price.
In the process of houses removal the project should provide transient period subsidy and removal subsidy, in which transient period subsidy standard is 200 yuan per capita and removal subsidy is 250 yuan per capita.
4.3.4 Policy of compensation for removal of non-residential houses and resettlement
Compensation for non-residential houses includes compensation for houses and houses facilities.
Compensation standard for non-residential houses and attached buildings and a small number of trees is determined by consulting compensation standard for residential houses and attached buildings as well as a small number of trees.
4.3.5 Unlicensed construction compensation and resettlement
In accordance with provisions of “Henan Province Urban Houses Removal Management Regulations”, removal of unlicensed construction, over-time temporary construction and temporary construction that should be removed unconditionally in case of plan adjusted as being stipulated when the construction is approved, should not be provided with conpensation. In accordance with the revelant policy of the World Bank concerning involuntary resettlement, removal of unlicensed construction should be provided with certain amount of compensation.
51 Henan Province Resettlement Action Plan For The Firsr Year Under the premise of observing World Bank’s resettlement policy, this project shall provide appropriate compensation to unlicensed constructions according to the real conditions of the unlicensed constructions.
4.3.6 Compensation policy on colony of weak tendancy
Among the project affected population to removed there is no colony of weak tendancy that need special consideration.
4.3.7 Compensation policy for project affected on-ground attachments
The project affected on-ground attachments shall be compensated by consulting replacement price of same kind of project in 2006.
Unit price of compensation for special facilities include traffic, communication and electric power, based on equipment and materials needed for building facilities of same kind, shall be determined in according to replacement unit price calculated in accordance with estimated unit price of local materials in 2006. Restoration of special facilities including communication and power supply shall be planned, designed and implemented by county-level communication and electric power departments. This project affetced traffic facilities mainly include road by both banks of the rivers, that need to be reconstructed because of being occupied by project, should be reconstructed by construction units in accordance with the original scale and standard.
52 Henan Province Resettlement Action Plan For The Firsr Year
53 Henan Province Resettlement Action Plan For The Firsr Year
5 Compensation Standards
5.1 Compensation Standard for Permenantly Registered Rural Collective Land
5.1.1 Compensation standard
This project, in accordance with provisions of relevant laws and regulations include “Henan Province Implementation of Land Management Law” and newly implemented “Regulations on Compensation for Requisition of Land and Resttlement of Large and Middle Scale Water Conservancy and Hydroelectric Engineering Construction”, based on real conditions of the project area, by consulting compensation standard under implementation for land acquisition of similar projects in Henan, decide that the compensation standard for requisition of cultivated land is 6 times of average annual output value per mu of past 3 years and settlement allowance standard is10 times of average annual output value per mu of past 3 years.
Compensation for younge crops is 0.5 time of average annual output per mu of past 3 years.
Compensation for garden plot and fish ponds is determined by consulting compensation standard of 16 times of garden plot and fish ponds comprehensive output value per mu stipulated in “Resettlement Plan for South-to-North Water Division Mid-Route Phase I Project.”
5.1.2 Unit price of compensation
Main grain crops planted within project affected scope include wheat, corn and soybean and main cash crops inclued cotton and oil bearing crops. Calculation of utput value per mu is made in accordance with Statistics Yearbook 2002-2004 of counties in project affected area. In the first place, average output value per mu of each lowing-lying area in 2002, 2003 and 2004, then average output value value of 2002, 2003 and 2004 are averaged and the average output value of 3 years of each low-lying area are obtained. Finally comprehensive output value per mu of cultivared land in Henan is detemined according to average output value per mu.
According to calculation, average output value per mu of 3 years of low-lying area along Huaihe River is 1127 yuan. Average output value per mu of 3 years of low-lying area in lower reaches of Xiaohong River is 1108 yuan. Average output value per mu of 3 years of low-lying area of Jialu River and Yinghe River downstream is 1153 yuan. Henan Province comprehensive output value per mu is 1126 yuan. Compensation for land acquisition is 18016 yuan per mu. Average output value of fruit land is 1618 per mu, compensation for land acquisition is 25888 yuan per mu as 16 times of Average output value. Average output value of fish pond is 1715 per mu, compensation for land acquisition of fish pond is 27440 yuan per mu as 16 times of Average output value.
Calculation results of unit price of compensation for requisition of land are shown in table 5.1-1.
54 Henan Province Resettlement Action Plan For The Firsr Year
Table 5.1-1 Unit price computation of compensation for land acquisition of the Plain Low-
Lying Land Improvement Project of Henan Province
Low-lying area in lower Low-lying areas along Low-lying area of the Jialu reaches of the Xiaohong the Huaihe River River River Impact category Irrigable Fish Irrigable Garden Irrigable land Garden land pond land
Per mu comprehensive output 1200 1715 1200 1618 1200 1618 value
multiple of land 6 6 6 6 6 6 compensation
multiple of resettlement 10 10 10 10 10 10 subsidies
Land compensation 7200 10290 7200 9708 7200 9708
Resettlement compensation 12000 17150 12000 16180 12000 16180
Total 19200 27440 19200 26451 19200 26451
Land Administration Law of the People’s Republic of China, Regulations for Large and Medium-sized Water Conservancy and Hydroelectric Power Projects Construction Land Main policies Acquisition Compensation and Resettlement, Implementing Regulations of Henan Province for PRC Land Administration Law
Relevant tax and fees of land acquisition include cultivated land occupation tax, cultivated land reclamation fee, forest and vegetation restoration fee, and new vegetable land funds etc. This project is for waterlogging drainage and major engineering benefit is to improve farming conditions of project aea. According to practices of project implementation in the past, only cultivated land reclamation fees of project occupied land is collected.
Cultivated land reclamation fees of this project are calculated in accordance with 0.5 time of compensation for land of same kind as shown in table 5.1-2.
55 Henan Province Resettlement Action Plan For The Firsr Year
Table 5.1-2 Revelant Tax and Fees for Requisition of Cultivated Land
Affected cities or counties Xinyang City Zhumadian Zhoukou City City Reclamation of cultivated land 5040 5040 5040
Fees for Fees for requisition of land for requisition construction of land Tax for occupation of cultivated land 15000 15000 15000 Management fees for land acuisition Document of Yucaiwaizi [1999] No. 40, Provisional Principal policy basis Regulations of the People’s Republic of China for Farmland Use Tax (Jan, 2008)
5.2 Compensation Standard for Temporary Land Occupation
5.2.1 Temporary occupation of collective land
Temporary land occupation under this project is used mainly for dumping spoil from river dredging and construction. In accordance with construction designed plan, duration of temporary land occupation for spoil area and construction layout is one year. Compensation for temporary land occupation includes land loss compensation and subsidy for restoring the cultivation. Land compensation is determined on the basis of annual output value of original land and duration of land occupation, and subsidy for restoring the cultivation is determined according to the actual cost needed for restoring the cultivation.
Duration of temporary land occupation under this project is one year and land compensation standard is calculated according to 1 time of comprehensive output value per mu of Henan.
Restoring the cultivation of temporary spoil area of river dredging include clearing top soil, dumping top soil, land leveling, top soil overlap, construction of field irrigation and drainage systems. According to analysis, per mu investment for restoring the cultivation is 2400 yuan.
Leveling of temporarily occupied land for construction site and restoring the cultivation include: leveling the work site, loosening top soil and building field irrigation and drainage systems. According to analysis per mu investment is 500 yuan.
5.2.2 Temporary occupation of state-owned land
Temporary land occupation of this project does not involve state-owned land.
5.3 Compensation Standard for Removal of Residential Houses
5.3.1 Rural residential houses In order to correctly and reasonably work out compensation standard and have the relocated
households get the compensation equivalent to replacement price of the houses to be removed, based on the structure of the houses, in accordance with budgetary estimates norm, we calculated
56 Henan Province Resettlement Action Plan For The Firsr Year
replacement unit price of houses of different structures with estimate index. Materials in last
quarter of 2008 in project area are shown in table 5.3-1 and cost calculation results of houses
with different structures are shown in table 5.3-2.
Table 5.3-1 Main Building Materials Price
Unit price Unit price Item Unit Item Unit (yuan) (yuan) Reinforcement Yuan/t 5650 Sand yuan/m3 123
Log Yuan/m3 1197 Lime t 230
Cement Yuan/t 364 Asphalt t 4000
Bricks Yuan/1000pieces 370 bituminous felt m2 2.9
Clay tiles Yuan/1000pieces 420 glass m2 12.5
Block stone Yuan/m3 145 nails kg 6.5
Crushed stone Yuan/m3 102 paint kg 11.5
Through comparison between calculation results and “Opinions on Compensation Standard of Huaihe River Key Regulation Project Land Acquisition,” difference of compensation price of rural houses is not big, therefore this project adopts compensation price for rural houses specified in “Opinions on Compensation Standard of Huaihe River Key Regulation Project Land Acquisition.”
Compensation price of rural houses of different kinds are as follows:
Brick-concrete: 350 yuan/ , brick-log: 320yuan/ , keekwilee-house: 240 yuan/ , other houses: 139yuan/ .
Compensation standard for attached facilities as shown in table 5.3-3 is determined by consulting other water conservancy projects already completed or under construction.
57 Henan Province Resettlement Action Plan For The Firsr Year
Table 5.3-2 Unit Price for Rural House Compensation
Rural residents Unit Item Unit Brick-concrete Brick-wood Civil price Quantity Investment Quantity Investment Quantity Investment
A. Direct engineering 36840.21 32244.51 27482.62 cost
1 Laborer Working day 31 193 5983 172 5332 200 6200 2 Materials 28408.53 24769.30 20217.97 (1) Main materials 27581.1 24047.86 19629.1 Reinforcement T 5650 1.1 6215 0.2 1130 0.1 565 Cement T 364 7.7 2802.8 5 1820 2 728 3 Log m 1197 2.9 3471.3 7.8 9336.6 3 Timber m 1455 1.6 2328 3.8 5529 4.5 6547.5 Bricks 1000 pieces 370 15 5550 18 6660 Clay tiles 1000 pieces 420 2.5 1050 2.4 1008 3 Crushed stone m 102 16.3 1662.6 0.4 40.8 3 Sand m 123 40 4920 23 2829 8 984 Lime T 230 6 1380 2.1 483 1.5 345 Asphalt T 4000 0.5 2000 Bituminous felt 2.9 205 594.5 305.4 885.66 # 5 glass 12.5 6.3 78.75 6.5 81.25 4.6 57.5 Paint Kg 11.5 4.3 49.45 5.9 67.85 5 57.5 (2) Other materials (Major materials)% 3% 827.43 3% 721.44 3% 588.87
(Laborers + materials 3 Euipment usage fees 3% 1031.74599 3% 903.04 1% 264.18 fees)%
4 Comprehensive fees (Direct fees)% 4% 1416.93 4% 1240.17 3% 800.46
(Engineering cost of B. Indirect fees 5.35% 1970.95 5.35% 1725.08 5.35% 1470.32 direct fees)%
Civil 388.11 339.70 289.53 works
Cost/ Water and electricity 3% 11.64 10.19 8.69 facilities
Total 399.75 349.89 298.22
58 Henan Province Resettlement Action Plan For The Firsr Year
Table 5.3-3 Compensation Standard for Residential Houses Attachments
Unit price Unit price item unit item unit (yuan) (yuan) Telephone Arch gate numbeer 500 set 100 set fencing wall m 40 grave number 300 toilet number 80 piggy number 165 stove number 165 Big trees tree 20 Suction well number 450 Small trees tree 5 Cement ground m2 30 Fruit trees tree 100 surface
5.4 Compensation Standard for Removal of Non-residential Houses
5.4.1 Compensation standard for removal of enterprises
According to investigation no enterprises shall be affected by this project implementation in the first year.
5.4.2 Compensation standard for removal of state institutions
According to investigation project implementation in the first year shall affect no state institutions.
5.4.3 Compensation standard for removal of stores or shops
According to investigation the project implementation in the first year shall affect no stores or shops.
5.5 Compensation standard for unlicensed construction
According to investigation, there is no unlicensed construction in project affectd area.
5.6 Compensation standard for on-ground attachments and basic facilities.
Because the document of Yuzheng [1989] No.133 “Henan Province Compensation Standard for On-ground Attachments of State Construction Requisitioned Land” has not been revised for many years, compensation standard for houses and attachments is lower. As regards this regulation project compensation standard is determined by consulting similar projects recently reviewed and approved by Water Conservancy Planning Institute under Ministry of Water Resources. The compensation standard is shown in table 5.4-3
Basic facilities: In rural areas compensation standard is 1500yuan per capita, and in urban area is 2500 yuan per capita.
59 Henan Province Resettlement Action Plan For The Firsr Year
6 Schemes for Restoration of Resettlers’ Production and Living
6.1 Resettlement Targets, Principles and Guiding Ideology
6.1.1 Resettlement Targets
Provide reasonable compensation and proper settlement for resettlers and guarantee that projected affected residents’ productive capability, income and living standard could be restored or exceeded after being resettled. On the basis of the living standard of resettlers of project area in 2005, in light of the National Economy and Social Development Plan for the 11th Five-Year Plan Period and Future Target of cities (counties and districts), the resettlement targets are determined as follows:
(1) Basically ensure self-sufficient in grain. In areas with less farmland resources, the aim is, through agricultural structure adjustment, to make best use of land and improve land output;
(2) Positive measures should be taken to guarantee that the annual per capita net income of resettlers could be gradually recovered to the level before resettlement;
(3) Public infrastructure, education, medical treatment, social welfare level, natural environment and traffic conditions should be better than resettlement.
6.1.2 Resettlement principles and guiding ideology
(1) Draft of resettlement plan should take social-economic investigation of project area and index in kind statistics of project influence as the basis and take State and local policy and laws and regulations concerning land acquisition and removal, as well as World Bank’s “Involuntary Resettlement Business Policy OD/BP 4.12 as the principles.
(2) Optimize engineering design, devote more effort to protect cultivated land and try to decrease land acquisition removal affected scope. Try to keep away from densely-populated area, multi-storey of high rise buildings and minimize involuntary resettlement. In construction, convenience-to-people measures should be taken to mitigate disturbance to people.
(3) All the compensation and settlement activities for involuntary resettlers are one component of project construction. Project should timely provide adequate funds to resettlers and have resettlers benefit from the project implementation.
(4) Make sure that the project affected people could get all the compensation and subsidies for the resettlement losses before actual removal. Provide reasonable settlement and effective restoration and provide subsidies and help tothem for overcoming temporary difficulties.
(5) Make sure that the living standard, productive capability and income of all the people affected by the project could be restored to the original level before removal for land acquisition and even higher.
60 Henan Province Resettlement Action Plan For The Firsr Year (6) Compensation for houses and other properties is replacement price, which should not deduct depreciation or other type discount.
(7) This project should provide compensation to all the people and all the buildings in the project area that are negatively affected by the project. For anyone who does not have complete household registration formalities or rental formalities, management formalities are not complete or legal formalities of some buildings are not complete, that should be no excuse for refusing to provide compensation and help.
(8) Resettlers should be paid compensation in removal transient duration and removal period.
(9) Give proper consideration to colony of weak tendancy and help them select houses and assist them in removal.
(10) Provide compensation to property owners of basic facilities for relocation and building new basic facilities and restoring the functions of the basic facilities.
(11) Provide reasonable compensation for the land being requisitioned and corresponding losses. Compensation for land should be owned by rural collective organizations and used for developing collective economy, improving public facilities and settlement of project affected villagers; settlement allowance should be paid to settlement units or individuals who are resettled.
(12) All the compensation and allowance for requisition of land should be fully paid in 3 months from the date when compensation and settlement scheme is approved and the payment should not be later than the date when construction is started on the requisitioned land plot.
(13) Generally the time limit of temporary land use is 2 years. In case that cultivated land is used temporarily, the land users should restore farming conditions of the land in one year upon the expiry of temporary land use. If the temporarily used land is the farmers’ collective land, rural collective economic organization or villager’s committee should represent land owners and sign a contract with user of the land to be temporarily used and collect compensation for temporary land use. Compensation standard for temporary land use should take into account of losses of original land owners and users of the land. When temporarily used land is returned, if the features of land usage or ownership of the land change, land compensation standard should be correspondingly increased, and original users of the land should be properly settled.
(14) All the labour being affected by requisition of land should be resettled and their living standard should not be decreased because of land acquisition. Encourage people being affected by land acquisition to be settled by living on land and support development of secondary industry and tertiary industry. If possible, farmers could select to find jobs by themselves.
(15) Encourage resettlers to participate in working out resettlement plan and implementing settlement, declare and paste up notices on policy and standard of compensation and settlement. Widely listen to the opinions of projecte affected people on compensation and settlement in investigation and reflect their opinions in the report.
(16) Give consideration to complaints of project affected people, timely and reasonably help them overcome difficulties and inconveniences encountered in land acquisition and removal. Resettlers’ objection to compensation standard should be resolved through consultation. If it could not resolved through consultation it could be subject to arbitration and even lawsuit. Any compulsory removal should be implemented in accordance with legal procedures.
61 Henan Province Resettlement Action Plan For The Firsr Year (17) In project implementation period, owner of the project shall carry out internal monitoring on project implementation and invite independent monitoring institution to carry out external monitoring and periodically submit monitoring report to World Bank. After all the activities are completed, assessment on resettlement work should be carried out. (18) In implementation of resettlement plan, if there are important changes (including lowering compensation standard, changing location and scope of land to be requisitioned and increasing new subproject), that should be reported to World Bank beforehand. If necessary, resettlement plan could be revised or implementation plan of resettlement could be prepared.
6.2 Resettlement of Permanent Land Acquisition and Temporary Land Occupation
6.2.1 Analysis on influence of permanent land acquisition and settlement measures.
Project permanent land acquisition involves 7 districts and counties, 15 townships(towns), 30 administrative villages and requisition of rural collective land totals 105.76 mu, including 88.71 mu of cultivated land, 1.40 mu fish ponds, and house sites of 15.65 mu. The cultivated land plots of 30 villages to be requisitioned have all been contracted to individual households, involving 601 persons of 146 households. The house sites to be requistioned permanently involve 2 villages, i.e. Xinliji Village of Huangchuan County and Xingying Village of Huaibin County in Xinyang City.
Permanent land acquisition under this project is mainly used for river regulation and pumping stations construction. Land requisitioned for pumping station is rural house site involves removal of 21 agricultural households and measures for removal and restoration are introduced in section 6.3.
As regards to land acquisition influence rate, because permanent land acquisition is mainly used for river regulation subproject, the influence area is in zonal distribution. According to statistics analysis, quantity of land acquisition is relatively small and number of villages and households being affected is large. If taking villages as calculation unit, cultivated land loss rate of 30 villages to be affected by land acquisition is no more than 1%. As regards land acquisition affected households, on average each household affected by project implementation will decrease land by about 0.61 mu, individual household loss rate is 6.4%; only 12 households’ loss rate by land acquisition is above 20%, the others are all below 20%, as shown in table 6.2-1. Therefore, land acquisition shall not significantly affect agricultural production of the households. After land acquisition for project implementation, in project area per capita cultivated land is 1.58 mu.
62 Henan Province Resettlement Action Plan For The Firsr Year
Table 6.2-1 Analysis on Influence of Land Acquisition
Loss rate of cultivated land Affected items unit 0% 5% 6% 10% 11% 20% >20% Total
Requisition of village 30 30 land ratio % 100% 0 0 0 100
Affected household 5 22 107 12 146 households AHs
ratio % 3.4% 15.1% 73.3% 8.2%
Because average rate of land loss of individual household is 6.4%, therefore agricultural income loss brought about by land acquisition is 6.4% or less than 6.4% of original agricultural income. Moreover, according to socio-economic investigation and analysis hereinabove, most of the manpower of villages are doing temporary work out of villages, thus main income of the villagers are composed of two parts, i.e. farming and taking temporary jobs, of which agricultural income accounts for 60%-70% of the total income. Thus it can be seen that influence of income loss brought about by loss of land on household’s income is minor, accounting for 3.8%-4.5% of the total income of household, that is to say land acquisition of the project shall not bring about signicant influence on farming households’ production and daily life.
According to above analysis, there are tow schemes for making up loss of farmers whose contracted land is requisitioned.
(1) The affected households could get monetary compensation according to compensation rate of water conservancy projects in Henan, based on the quantity of land acquisition, and compensation is directly paid to affected individuals. The compensation could be used for developing other farming and non-agricultural extra-money making activities including cash crops and other sideline production.
At present, on the one hand in China farmers contracting farmland is implemented with contract period of 30 years; on the other hand, according to investigation, a great majority of villages do not have reserve land that could be allocatted by the villages. Based on objective reality, village heads and villagers do not consider it possible to allocate extra land to farmers through reallocation. Moreover, under this project, except a few households, acreage of most households’ farmland being requisitioned is small in acreage, even adopting the principle of compensating same acreage of land, the farmers are not willing to accept the abandoned land that is not only small in acreage but also distant in location. Therefore, they prefer monetary compensation.
(2) Project implementation could decrease degree of reduction of crop output caused by waterlogging and bring about considerable waterlogging control benefit. Moreover, field irrigation and drainage system shall be structured in project affected area to improve farming conditions and farmland productivity, and increase income of project affected households.
63 Henan Province Resettlement Action Plan For The Firsr Year Although acreage of land is reduced yet crops output could increase, therefore farmers could get more income. Based on a guess and estimate, normally rice output could increase by 25% and soybean output could increase 33%, and farming households’ annual income could increase by 320yuan ( On condition that rice yield per mu increase by 100kg, with unit price of 1.4yuan/kg, and soybean yield per mu increase by 50kg with unit price of 3.6 yuan/kg.), that could make up losses brought about by land acquisition.
Moreover, in the process of restoring resettler’s production, resettlement departments shall provide help and support to resettlers as much as possible. The major measures are as follows:
(1) In project implementation period, resettlers should be given priority of opportunity for employment that shall bring cash income to project affected households.
(2) In project affected counties, priority should be given to affected persons in labour export.
(3) The project designed a series of technical consultation and training items to provide agricultural technical training, including cash crops and non-agricultural activities. The project shall invite technical personnels concerned of agricultural department and labour security department to carry out farming and cultivation training in resettlement area, and ensure that every affected household accept at least one agricultural productive technical training and non- agricultural productive technical training, through these measures, to improve crops quality and yield, increase income of affected people and restore livelihood of project affected people.
In site investigation, nearly all the project affected households show enthusiasm for the project and believe that the project implementation could control waterlogging.They prefer monetary compensation for requisition of land. Monetary compensation is simple and easy to implement and rural households could use compensation for restoring production and livelihood.
Influence of land acquisition for project construction on each village is different in degree, therefore restoration plans are different based on influence degree, availability of surplus land resources and wishes of the project affected people. Based on consultation with villagers committee and resettlers in social-economic investigation, different economic restoration plans are prepared. See appendix 4.
6.2.2 Temporary land acquisition analysis and settlement scheme
Project implementation in the first year shall temporarily occupy land of 840.78 mu, including temporary land occupation for construction and spoil from river dredging, of which temporary land occupation for construction is 637.4 mu (40mu in low-lying area along Huaihe River, 575.4mu in low-lying area of Xiaohong River and 22mu in low-lying area of Jialu River and Lower Yinghe River) accounting for 75.8% of total temporary land occupation in the project. 203.38 mu of temporary occupation for dumping spoil from river dredging (63.72mu in low- lying area in Xiaohong River and 139.66mu in low-lying area in Jialu River and Shaying River basin), accounting for 24.2% of total temporary land occupation under the project.
Compensation for temporary land occupation shall be paid according to duration of land occupation with the compensation standard of the total income of agricultural production on the plot of the field. After completion of the project, construction units should implement second ploughing and restore the cultivation conditions of the land to the level before temporary land occupation.
64 Henan Province Resettlement Action Plan For The Firsr Year Second ploughing of spoil area: The project spoil area shall occupy land of 203.38mu, mainly for temporarily dumping spoil form river excavation. Spoil areas are located on both banks of rivers in zonal distribution. The measures for second ploughing of spoil area is land leveling which include clearing topsoil, topsoil dumping, leveling, topsoil covering and field irrigation and drainage system building. According to analysis, investment in second ploughing per mu is 2400yuan.
Temporary land occupation for construction sites: Temporary land occupation for construction sites of this project is 637.4mu, including embankment construction, river dredging and structures construction. The second ploughing measures include leveling construction sites, loosening topsoil, and building field irrigation and drainage system. Per mu farmland needs 500yuan.
6.3 Rural Residential Houses Removal and Settlement
In project implementation in the first year only subproject of low-lying land along the Huaihe River involves removal of residential houses in Xinliji Village of Huangchuan County and Xingying Village of Huaibin County in Xinyang City. Residential houses of 21 rural households should be removed, affecting 117 residents. The removed houses acreage is 2475.6 , including 798.9 of brick-concrete structure, 1405.2 of brick-wood structures, 192 earth-wood structures and other houses of 79.5 . All the removed residential houses shall be reconstructed in the original village. The attached houses (non-residential houses) shall be compensated in money.
To guarantee that the houses settlement plan properly takes into account the wishes of relocated households, resettlement design institutions, which the help of the local governments, held discussions with relocated households, listening to their opinions. All the relocated households decided to remove and rebuild their houses if sites for new houses could be provided. According to real conditions and productive settlement of the project affected area, resettlers shall build new houses in the original villages.
Reconstruction of new houses need house sites of 15.65 mu. Because relocation involved residents of 2 villages are small in number, in on-site investigation the villages and townships (towns) concerned expressed that through coordination in a village or between villages they could provide house sites to relocated households in original villages. Two villages have reserved house sites. Therefore the relocated households could be settled in original villages by means of building new houses on the house sites provided by villagers committees in accordance with plan and standard. Compensation for houses removal and relocation should be paid to relocated households to building new houses in original villagers group or village. Compensation for newly requisitioned house sites shall be managed by villagers committees and used for basic facilities construction according to wishes of villagers after house sites are reallocated. Basic settlement plan is shown in table 6.3 –1.
Relocated households shall take into account improvement of residential conditions in resettlement. Most of relocated households would like, according to their own economic conditions, to spend certain amount of money in houses building to improve housing standard. Therefore resettlers’s housing conditions shall be improved after relocation.
Compensation for houses shall be paid directly to relocated households which shall be provided with help in relocation and restoration. Compensation for houses shall be paid by installments by
65 Henan Province Resettlement Action Plan For The Firsr Year resettlement offices of local governments according to materials preparation and houses building progress of resettlers.
In the light of “Villages and Towns Planning Standard”, based on the real conditions of the villages by the side construction sites and the project, it is determined that under the project the rural resettlers’ per capita comprehensive land use standard for building houses is 60 . To minimize project influence on relocated households, if current house sites of relocated households are larger than the standard, the relocated households shall be allocated the same acreage of house site as the current house sites for building houses. Compensation standard for requisition of land for new house sites is same as the compensation standard for requisition of dry land. After relocation, restttlers shall still live in original village and they could use the existing electric supply and water supply facilities. There is no need to build new schools or hospitals and resettlers could enjoy medical treatment, education and other services provided by original social service system.
Table 6.3-1 Relocation of Rural Residents’ Housing
County Township Administrative Name of Number New Location (district) (town) village head of a of a family house site for settlement household (person) Huangchuan Weigang Xinliji Lin 4 0.63 Original Shuye village Huangchuan Weigang Xinliji Xu 5 0.85 Original Jianguo village Huangchuan Weigang Xinliji Yu 5 0.57 Original Tiancheng village Huangchuan Weigang Xinliji Yu 4 0.48 Original Tianxue village Huangchuan Weigang Xinliji Yang 9 0.81 Original Zhongguo village Huangchuan Weigang Xinliji Yang 6 0.91 Original Zhongfu village Huangchuan Weigang Xinliji Wu 7 0.63 Original Shaozhong village Huangchuan Weigang Xinliji Yang 5 0.6 Original Kecheng village Huangchuan Weigang Xinliji Kuang 5 0.45 Original Tiguo village Huangchuan Weigang Xinliji Kuang 6 0.78 Original Shaoting village Huangchuan Weigang Xinliji Kuang 4 0.54 Original Shaoqiao village Sub-total 60 7.25 Huaibin Luji Xingying Liang 5 0.75 Original Kezhong village Huaibin Luji Xingying Liang 5 0.75 Original Kehua village Huaibin Luji Xingying Liang 8 0.9 Original Maoguo village Huaibin Luji Xingying Liang 9 1.35 Original Jianhong village Huaibin Luji Xingying Liang 5 0.75 Original Maoyong village Huaibin Luji Xingying Liang 6 1.05 Original Maosheng village Huaibin Luji Xingying Liang 6 0.9 Original Kezhao village Huaibin Luji Xingying Li 4 0.6 Original Wenying village Huaibin Luji Xingying Liang 4 0.6 Original Keguang village Huaibin Luji Xingying Liang 5 0.75 Original Kefei village Sub-total 57 8.4
66 Henan Province Resettlement Action Plan For The Firsr Year Total 117 15.65
6.4 Enterprises, State Institutions, Stores and Shops, Floating Population, Unlicensed Construction and Colony of Weak Tendancy
According to investigation, land acquisition and removal for project implementation in the first year does not involve enterprises, state institutions, stores and shops; There is no floating population to be affected; The project implementation affected scope does not involve unlicensed construction; Among 661 persons of 157 households affected by permanent land acquisition and removal of the project implementation in the first year there is no colony of weak tendancy that needs special consideration.
6.5 Affected Basic Facilities and On-ground Attachments
The affected special facilities and on-ground attachments, after being compensated by the project units to the owners, should be reconstructed.
The restoration measures for removed facilities should be planned beforehand and adjusted according to construction site conditions in pratical implementation to achieve safe, highly efficient, timely and accurate results and try to decrease adverse influence on local people.
The affected municipal utilities should be removed according to work drawing of the project, taking not to affect construction as the principle, to minimize removal. Removal of affected pipelines, under the premise of not to affect the normal life of nearby residents (including residents not to be removed) should be rebuilt (or removed) before removal.
67 Henan Province Resettlement Action Plan For The Firsr Year
68 Henan Province Resettlement Action Plan For The Firsr Year
7 Public Participation
7.1 Public Participation Strategy
To safeguard resettlers’ lawful rights and interests, reduce disaffection and disputes, achieve the targets of proper settlement of resettlers, in preparation of resettlement policy, working out and implementation of resettlement plan, the project shall attach great importance to resettlers’ participation and discussion, widely listening to opinions of resettlers.
7.2 Public Participation Process and Policy Open Plan
7.2.1 The ways of participation
Before carrying out investigation, the working outline was prepared and local governments’ opinions on investigation components, methods and requirements are involved. Local governments also assigned staff member to join in the work of investigation group.
During investigation, the investigation group invited the leaders of townships (towns), heads of villages and villagers groups and representatives of resettlers to participate in investigation and propagated to them the necessity of project construction, project benefit, project influence, compensation principles, compensation standard and resettlement measures, etc.
In resettlement planning period, the workers responsible for resettlement planning held discussions with officials of cities, counties and townships (towns) and listened to their opinions, demands and existing problems, discussing the ways of settlement and selecting settlement area.
After resettlement report was evaluated, resettlement information handbook were worked out on the basis of resettlement report and handed out to resettlers. Reading the handbook, resettlers could understand project basic information, project influence, compensation policy, implementation institutions and appealing channels, etc., and resettlers’ right for knowing the facts is fully guaranteed.
In drafting detailed resettlement action plan for the first year, in order to make sure all the resettlers, on the basis of project implementation in the first year, we made detailed supplementary investigation to confirm the resettlement households through field visit village by village and household by household. By means of discussion and sample investigation of resettlers’ wishes, every villager affected by land acquisition and removal may know implementation of the project, understand land acquisition and removal and know well policy and laws and regulations about land acquisition and removal, resettlement compensation policy and compensation standard. A summary of meeting was worked out. Investigation on resettlers’ wishes is made among 10% of resettlement households. The aim of taking all these measures is to guarantee the resettlement implementation plan to be reasonable and workable.
7.2.2 Public participation in the process of working out resettlement plan report
In the process of preparing and working out “Resettlement Implementation Plan”, local governments at all levels and resettlers participated in following work:
(1) From Dec. 26, 2005 to Jan. 13, 2006, in the investigation of project land acquisiton and removal affected index in kind, water resources (water affairs) bureaus of Xinyang, Zhumadian
69 Henan Province Resettlement Action Plan For The Firsr Year and Zhoukou cities and project involved counties water resources (water affairs) bureaus, town governments and villagers’ committees assigned staff members and persons concerned to take part in the investigation.
(2) On Jan.15, 2006, water resources (water affairs) bureaus of counties in project area pasted up notices to disclose the investigation results of index in kind of the project affected village and decided the deadline of compensation. During Jan. 18~20, 2006 the indexes in kind in question were checked.
(3) Dring Jan 20~25, 2006, the institutions involved in working out the report and water resources (water affairs) bureaus of counties involved in the project went to project affected villages and villagers groups, holding discussions attended by heads of villagers’ committees and villagers groups and representative of resettlers, or having interview with resettlers, on the one hand making wide propaganda on state, province and city policy concerning resettlement and World Bank’s policy; on the other hand listening to their opinions and proposals on project implementation and resettlement scheme, including selection of relocation sites, production recovery measures, houses removal and reconstruction, and compensation for land acquisition and removal.
(4) Feb. 6~15, 2006, the institutions involved in working out the resettlement report, with the help of water resources (water affairs) bureaus of counties disclosed resettlement policy and resettlement compensation standard in project affected villages, widely listening to opinions of affected villagers and having revised and perfected the resettlement report.
(5) Aug. 20~26, 2006, institutions for working out the resettlement report, with the help of water resources (water affairs) bureaus of counties involved in project implementation in the first year, rechecked index in kind within project affected scope, carried out socio-economic investigation again, made results analysis, quality inspection and preliminary check, to guarantee that every relocated households affected by the project could be confirmed. Supplementary investigation was conducted to listen to relocated households’ basic information and resettlers’ wishes.
(6) Jun.10~20, 2007, institutions involved in working out the resettlement report, on the basis of the last round public participation and Pre-Assessment Mission’s memorandum, with the help of water resources (water affairs) bureaus of counties, made a new round public consultation with resettlers affected by project implementation in the first year, to guarantee the project affected villages and residents to affirm and agree with resettlement measures and compensation standard in the resettlement action plan, and ensure that the resettlement action plan for the first year to be workable and practicable.
7.2.3 Public participation plan in the process of resettlement implementation
The whole process of resettlement implementation under the project encourages resettlers to participate in actively.
A. Participation in houses reconstruction
(1) houses compensation standard
The level of houses compensation standard shall directly affect interests of relocated households. Before houses removal, resettlement institutions concerned shall discuss with relocated households on compensation standard for houses and sign agreements. The discussion results
70 Henan Province Resettlement Action Plan For The Firsr Year should be made public by pasting up notices before signing the agreements to accept supervision by the masses.
(2) Houses reconstruction site and mode of reconstruction
In the period of preparation and working out of “Resettlement Plan”, departments concerned made relevant investigation on resettlers’ houses reconstruction sites and mode of construction. According to investigation results of resettlers’ opinions, most of the resettlers prefer that their houses reconstruction sites could be arranged in their original villages and villagers groups, and would like to remove and reconstruct their houses by themselves. Local governments shall provide appropriate help at all the stages of resettlers building their houses.
(3) Disposal of old houses
All the relocated households shall get compensation for houses according to replacement price. In specified period, relocated households could choose to remove old houses first and then build new houses or build new houses before removing old ones, and old materials of the removed houses could be disposed by relocated households.
B. Participation in production settlement
All the members of villagers’ groups, especially the resetters who have special need for land, shall take part in readjustment and allocation of land.
C. Participation in use and management of compensation for land
Compensation for land is owned by villages or villager groups, any organizations or individuals should hold back or divert the compensation. After being paid to villages and villagers groups, the compensation should be planed as a whole by villages or villagers groups and used for special purposes. Usage of the compensation should be discussed and approved at villagers meeting of the villagers groups to accept supervision by representatives of villagers.
D. Participate in project construction
Project construction shall bring about more or less influence to local masses. To guarantee that project affected people could get benefit from project construction, the project positively encourage local masses to participated in project construction and provide convenience to local masses in materials supply and employment.
71 Henan Province Resettlement Action Plan For The Firsr Year
8 Appealing Procedures
8.1 The Possible Complained Issues and Settlement of the Problems
Resettlement plan is a general plan on resettlement, worked out on the basis of basic situations of the project affected area. In implementation of the plan, change of real conditions or mistakes in work may bring about complaint of resettlers. According to experiences of many projects under construction and completed projects, resettlers’ complaints are mainly reflected in following aspects:
A. Index in kind
Because of careless omission and errors in investigation, statistics and calculation, there might be mission out of items, mission out of registration and wrong registration of index in kind being occupied or removed, affecting resettlers’ interests. After occurrence of problems, the affected people or the villagers’ committees should report in words or in written form to county level resettlement offices, which should organize professional personnel to go to the site for check and submit documents on check results to owner of the project and monitoring units.
The indexes in kind which are missed in registration or wrongly registered should be confirmed and registered and compensated in accordance with standard.
B. Compensation standard
Minority nationality do not know State resettlement policy and laws and regulations and have doubt about compensation standard, complaining that compensation standard is relatively low and can not meet demands of houses construction and productive settlement. Before implementation of resettlement and in the process of implementing resettlement project, designers should cooperate with governments and resettlement offices at different levels, introduce real intentions of design, propagate State resettlement policy and laws and regulations, explain calculation procedures of compensation standard, have the resettlers understand that compensation standard is worked out according to State relevant laws and regulations, that could guarantee that the resettlers could “remove away, have better residential conditions, and development”, to remove all doubts of them.
C. Funds
In implementation of resettlement plan, it is possible that resettlement funds could not be provided in time, affecting resettlers’ houses building and productive settlement and further affecting resettlers production and life. In such cases, staff members engaged in resettlement implementation and management should tighten control of funds, progress and quality, guarantee resettlement funds to be used only for resettlement, coordinate and urge financial departments to appropriate compensation funds in accordance with actual progress every month, ensuring that resettlement could be implemented according to schedule.
8.2 Appealing Channels and Procedures
Resettlers enjoy rights and duties that are endowed to citizens by constitution and laws and regulations. China’s current laws and regulations could fully protect resettlers’ lawful rights and interests from being infringed. When resettlers’ lawful rights and interests are infringed, the
72 Henan Province Resettlement Action Plan For The Firsr Year resettlers have the rights to lodge an appeal according to law till they get the rights and interests that they should obtain.
8.2.1 Appealing channels
(1) In counties, cities and provinces, there are offices to handle letters form and visits of the masses and the offices could receive, investigate and handle general appealing problems of resettlers.
(2) Resettlemet offices set up at all levels according to law have the right of higher level offices supervising resettlement of lower level offices level by level, i.e. from provincial level to city level to county level, and could accept and hear appeals on resettlement.
(3) Independent resettlement monitoring and appraisal institutions, which carry out supervision on resettlement implementation in accordance with State relevant regulations, have the responsibilities of safeguarding lawful rights and interests of resettlers and could hear and report appeal on infringement on resettlers’ rights and interests to departments concerned.
(4) The administrative supervision, audit, discipline inspection, judiciary and procuratorate at state, provincial, city and count levels could accept and hear resettlers appealed cases concerning breaking laws and violating the disciplines.
The project resettlers appealing system is shown in fig 8.2-1.
73 Henan Province Resettlement Action Plan For The Firsr Year Legal departments at provincial, city or Henan Provincial Water Resources county level Department
Discipline Henan Provincial Project inspection departments Resettlement at provincial, city or Implementation Management county level Office
Offices for City level project resettlement handling leeters or visits implementation management office from the maases
County level project resettlement implementation management office
Project located town government villagers’committee or villagers group
Fig 8.2-1 The project resettlers appealing system
8.2.2 Appealing procedures
If resettlers are unsatisfactory about resettlement, they could report to villagers’ committees. Villagers committees or resettled households could go directly to county level resettlement offices for resolving the problems through consultation, and could also appeal in words or in written form to higher level resettlement offices. After receiving the appealing, the higher level resettlement offices shall make record of the appealing and discuss with the villagers committees and county level resettlement offices in 10 days for resolving the complaints. In case that contradictions and disputes could not be resolved through consultation, villagers’ committees, in accordance with Administrative Procedural Law of the People’s Republic of China, could lodge
74 Henan Province Resettlement Action Plan For The Firsr Year an appeal through appealing procedures to the administrative organs level by level (such as project offices, resettlement management departments, resettlement monitoring institutions, offices for handling letters from and visits of the masses, administrative supervision, discipline inspection and procuratorate, etc.) that have jurisdiction, if they still refuse to accept as final, they could institute a lawsuit to the People’s Court. Resettlement offices should be in charge of making record and keeping in file all the appealing and settling procedures.
75 Henan Province Resettlement Action Plan For The Firsr Year
9 Organizations 9.1 Resettlement Action Related Organizations
The owner of Henan Provincial Key Plain Low-Lying Land Improvement Project is Henan Province Water Resources Department (Hena WRD). The Project Office of Henan Provincial Key Plain Low-Ling Land Improvement Project under jurisdiction of Henan WRD is a standing organ for organization and coordination of preparatory work of Henan Provincial Key Plain Low-Lying Land Improvement Project, also a bridge linking Central Project Office (Huaihe River Water Conservancy Committee) and project offices of Xinyang, Zhumadian and Zhoukou cities as well as departments concerned.
At water resources (water affairs) bureaus of Xinyang, Zhumadian and Zhoukou cities, city level project offices have been set up, and county level project offices have been set up respectively at project involved counties’ water resources ( water affairs) bureaus, that are in charge of preparation and implementation of the project in local area.
Zhoukou City Water Conservancy Prospecting and Design Institute was in charge of working out “Henan Provincial Resettelent Planning Report” and Xinyang City Water Conservancy Prospecting and Design Institute and Zhumadian City Water Conservancy Prospecting and Design Institute also participated in working out of the report. Resettlement Research Centre of Hohai University provided guidance to working out of the resettlement report. Immigrantion principals of the key plain low-land improvement project of Henan Province, see
Table 9.1-1.
Table 9.1-1 List of immigrantion principals of the project areas of Henan Province
Project area Resettlement princiapal Contact details Provincial Project Management Office Feng Chaoshan 13803812019 Xinyang City Fu Qiang 13569763739 Low-lying areas Huangchuan County Ni Xianghong 15938289091 along the Huaihe River Huaibin County Ren Yuanpeng 13949159271 Low-lying area in Zhumadian City Chen Donghong 13939609585 lower reaches of the Xiaohong River Pingyu Fu Zhongdian Zhoukou City Song Li Low-lying area of the Jialu River and the Xihua County Xu Yanhong 03942554812 Zhang Xinzhong 13803941376 Yinghe River Fugou County Liu Xueyi 13503943965
9.2 Instituional Framework
The Central Project Office is seated at Huaihe River Water Conservancy Committee and carries out all-round management of resettlement implementation of the whole project. The resettlement offices specially set up at provincial, city and county level are in charge of resettlement implementation in local area. The number of staff members of resettlement offices at different levels range from 2 to 5. The resettlement offices normally are headed by a person who is rich in management experiences.
The institutional framework is shown in fig. 9.2-1.
76 Henan Province Resettlement Action Plan For The Firsr Year
(R.O.=Resettlement Office)
Fig. 9.2-1.Resettlement Institutional Framework
77 Henan Province Resettlement Action Plan For The Firsr Year
9.3 Duties of Resettlement Offices
(1) Henan Province Water Resources Department
As the owner of the project, the major duties of Henan WRD are to strengthen leadership of the project, be in charge of policy making for resettlement activities of the project and organizing and coordinating relations between resettlement organizations at different levels.
(2) Henan Provincial Project Resettlement Implementation and Management Office
As the project management institution, its main duties are to carry out the functions of management, planning, implementation, coordination, supervision and monitoring of resettlement work in an all-round way: