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Resettlement Planning Document

Resettlement Plan Document Stage: Final Project Number: 33437-01 February 2009

Fangzheng County Dike Subproject, Province

Under

People’s Republic of : Flood Management Sector Project

Prepared by Heilongjiang Fangzheng Project Office

The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

CONTENTS 1 EXECUTIVE SUMMARY ...... 1 1.1 Basic Conditions of the Project...... 1 1.2 Project Impacts...... 1 1.3 Social Economic Survey...... 1 1.4 Legal Framework...... 1 1.5 Compensation Standards...... 1 1.6 Resettlement Measure ...... 1 1.7 Budget...... 2 1.8 Resettlement Activity Schedule ...... 2 1.9 Resettlement Organization...... 2 1.10 Participation and Consultation...... 2 1.11 Monitoring...... 2 2 BASIC CONDITION OF THE PROJECT ...... 4 2.1 Brief Description of the Project...... 4 2.2 Impact Areas of Benefit Areas of the Project...... 4 2.3 Measures to Reduce the Project Impacts...... 5 2.4 Designing Process of the Project ...... 5 2.5 Ownership and Organization of the Project...... 5 2.6 Preparation of Resettlement Activity Plan ...... 6 2.7 Objective of Resettlement ...... 6 2.7.1 Keeping Resettlement to a Minimum...... 6 2.7.2 Affected Persons Benefit from the Project ...... 6 2.7.3 Production and Living Standards of Affected Persons to Be Restored or Improved...... 6 3 PROJECT IMPACTS ...... 7 3.1 Permanent Land Acquisition of Rural Collective Land...... 7 3.2 Temporary Land Acquisition ...... 7 3.3 Private House Demolition...... 8 3.4 Private Building Demolition...... 8 3.5 Affected Attachment...... 8 3.6 Affected Population...... 8 4 SOCIAL ECONOMIC SURVEY...... 9 4.1 Social Economic Background Survey of Project Impact Area ...... 9 4.1.1 Economic Conditions of ...... 9 4.1.2 Basic Conditions of Affected Townships ...... 9 4.1.3 Basic Conditions of Affected Villages...... 10 4.2 Productive and Living Conditions Survey of Households Affected by the Project ...... 10 4.2.1 Family Population ...... 10 4.2.2 Ages Distribution...... 11 4.2.3 Education Levels Distribution ...... 11 4.2.4 Family Production...... 11 4.2.5 Housing Condition ...... 11 4.2.6 Annual Family Income and Expenditure ...... 11 5 LEGAL FRAMEWORK...... 13 5.1 Legal Basis...... 13 5.1.1 National Laws and Regulations ...... 13 5.1.2 Regulations of Ministry of Water Resource...... 13 5.1.3 Provincial Documentations and Regulations ...... 13 5.1.4 Policies of Asian Development Bank ...... 13 5.2 Acquisition Authority and Compensation Quality...... 13 5.2.1 Land Acquisition Authority and Compensation Nature...... 13

5.3 Legal and Administrative Procedure...... 15 5.4 Regulations for Compensation ...... 15 5.5 Legal Obligation of Organization ...... 17 5.6 Related Regulations of Asian Development Bank ...... 17 6 COMPENSATION STANDARDS...... 18 6.1 Compensation Standards...... 18 6.1.1 Compensation Standard for Permanent Land Acquisition ...... 18 6.1.2 Compensation Standard for Temporary Land Acquisition...... 18 6.1.3 Compensation for Private Houses ...... 18 6.1.4 Private Building and Affected Attachment...... 18 6.1.5 Transportation Fee...... 19 6.2 Rights and Obligation of Affected Persons ...... 19 6.2.1 Permanent Land Acquisition...... 19 6.2.2 Temporary Land Acquisition...... 19 6.2.3 Entitlement Matrix...... 20 7 RESETTLEMENT MEASURES...... 21 7.1 Resettlement of Households Affected by Building Demolition...... 21 7.2 Resettlement of Permanent Land Acquisition...... 21 7.3 Restoration Plan for Temporary Land Occupation...... 22 8 COST ESTIMATE ...... 23 8.1 Expenses...... 23 8.2 Investment Plan According to Year...... 24 8.3 Fund Resource...... 24 8.4 Fund Flow...... 24 9 SCHEDULE OF RESETTLEMENT ACTIVITY...... 25 9.1 Linkage of Resettlement Schedule with Construction Schedule ...... 25 9.1.1 Schedule of Fangzheng County project...... 25 9.1.2 Linkage of Resettlement Schedule with Construction Schedule...... 25 10 RESETTLEMENT ORGANIZATIONS...... 27 10.1 Agencies Related to Resettlement ...... 27 10.2 Organization Framework ...... 27 10.3 Organization Qualification ...... 28 11 PARTICIPATION AND CONSULTATION ...... 29 11.1 Public Participation Strategy...... 29 11.1.1 Public Participation in Project Preparation...... 29 11.1.2 Public Participation in Socio-Economic Survey...... 29 11.1.3 Public Participation ...... 29 11.2 Disclosure Procedures...... 30 11.3 Public Opinion Survey ...... 30 12 COMPLAINT AND APPEAL...... 32 13 MONITORING...... 33 13.1 Internal Monitoring and Inspecting ...... 33 13.1.1 Implementation Procedure...... 33 13.1.2 Monitoring Contents...... 34 13.1.3 Personnel...... 34 13.2 Independent Monitoring...... 34 13.2.1 External Monitoring Agency...... 34 13.2.2 Responsibilities...... 35 13.2.3 Resettlement Procedures ...... 35 Enclosure 1: External Monitoring and Evaluation Outline ...... 37

Enclosure 2: Location of the Land Acquisition Caused by Fangzheng Dike Project ...... 42 Enclosure 3: Economic Survey of Affected Villages of Fangzheng County Project...... 43

1 EXECUTIVE SUMMARY 1.1 Basic Conditions of the Project The project is an important subproject of Songhua River Flood Management Project. Proposed dike will protect 13 villages of Fangzheng County, a population of 22.5 thousand, area of 2866.7 ha of land, Moli Service Station, Moli Mineral Water Factory, Tong-San Speedway, Ha-Yi Gap Pipeline, several fiber cables for communication optical, and Yi-Han Ship Station. Total length of the proposed dike is 20.937 km, and the standard of it is 1-in-20 year event. Land acquisition and building demolition will affect 3 (Tianmen, Yihantong, and Songnan) townships and 5 (Heihekou, Demoli, Yihantong, Fengchan, and Hongqi) villages. 1.2 Project Impacts The area of permanent land acquisition of the project is 8.75ha, and it is 8.03 ha for temporary land acquisition. 6 households (26 persons) need to move, and the area of houses demolition is 356 m2. Attachments on the ground that affected by the project include: 356 m2 of main houses made of earth and grass, 171 m2 of storehouses, 538 trees (52 fruit trees and 486 aspens), and 2 hand wells. 1.3 Social Economic Survey In order to know about conditions of population in impact area well, according to the requests of Asian Development Bank (ADB), social economic survey was carried out on 5 villages that affected by land acquisition and building demolition. The concrete contents of the survey include: family population of impact area, annual family income, annual family expenditure, income resources, assistance for vulnerable groups, and impact degree. 1.4 Legal Framework Legal framework includes laws and regulations related to land acquisition and building demolition of state, vocation, province, city, and also ADB. They are: Authority of land acquisition, compensation quality, legal and administrative procedures, compensation regulations and the Involuntary Resettlement Policy of ADB. 1.5 Compensation Standards Compensation standard for glebe is CNY 118,400/ ha, and the compensation multiple is 16; it is CNY 188,800/ ha for paddy field, and the compensation multiple is 16; it is CNY 29,600/ ha for housing land, and the compensation multiple is 4; it is CNY 14,800/ ha for wasteland, and the compensation multiple is 2; it is CNY 280/ m2 for houses made of earth and grass; it is CNY 80/ m2 for storehouses made of earth and grass; it is CNY 150/ m2 for storehouses made of brick and wood; and there are relevant compensation standards for attachments on the ground. 1.6 Resettlement Measure Resettlement of the project includes houses demolition resettlement and land acquisition resettlement. 1800m2 of homestead area would be needed to relocate the 6 affected households (according to the related policies, the area of homestead per household is 300m2). The compensation fee of houses and attachments demolition will be distributed to affected households directly, and affected households will build new houses with the money themselves.

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The households affected by land acquisition will be resettled by cash compensation and contacting the village reserved lands. 1.7 Budget The costs involved in resettlement of land acquisition and building demolition include: compensation fee for land acquisition, compensation for houses demolition, compensation for attachments on the ground, subsidy for moving, and the other fees. The total cost for resettlement of land acquisition and building demolition is estimated CNY 1.402 million. 1.8 Resettlement Activity Schedule The project is planned to start in January 2009 and finish in December 2009. The schedule of land acquisition and resettlement will be based on the arrangement of project construction. 1.9 Resettlement Organization A leading group was established for the project. Du Min is the principal; Feng Shaokui, Wang Zhong, Xu Gguohua are the deputy principal; staff of Development and Reform Bureau, Water Affairs Bureau, Land Resource Bureau, and Environmental Protection Bureau are the members of the leading group. A project office was set up under the leading group, and it is founded in the county Water Affairs Bureau. The Water Affairs Bureau is responsible for the daily coordination and organization work of the project, and the county Land Resource Bureau and Development and the Reform Bureau also take part in the work. The Water Affairs Bureau also cooperates with county project office to deal with the works related to attachment demolition. After the project is finished, Fangzheng County Watercourse Management Division will take charge of the daily management and maintenance of the dike. 1.10 Participation and Consultation During preparation of the project Resettlement Plan, affected persons’ participation was paid more attention; in the stage of project preparing, social economic survey and land acquisition and building demolition, the project office asked for affected persons’ opinions and suggestions many times on dike project, compensation plan for land acquisition and building demolition, and resettlement, and the project office adjusted related policies accordingly. This Resettlement Plan and the Resettlement Information Booklet have been fully disclosed; the project office disclosed compensation policies and compensation standards to affected persons on September 2008, and distributed the Resettlement Information Booklets. The project office also established a clear and effective channel for appeal and complaint. The process of appeal and complaint was divided to 4 parts which were charged by Tianmen Township Government, Yihantong Township Government, Songnan Township Government, County Land Resource Bureau, County Project Office, the County ADB Project Leading Group, and the County Administration Arbitration Sector, so as to avoid big problems of appeal and complaint. 1.11 Monitoring In order to ensure this Resettlement Plan can be implemented successfully and fulfill the resettlement objective, according to the policy of ADB, monitoring and evaluation of land acquisition and building demolition and the resettlement implementation for the project will be carried out periodically. The monitoring is divided into 2 parts: internal monitoring by resettlement organization and independent external monitoring.

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Internal monitoring will be charged by Heilongjiang Provincial Project Office, Fangzheng County Project Office, Fangzheng County Warier Affairs Bureau and Fangzheng County Land Resource Bureau, so as to ensure that related parties can fulfill the tasks of land acquisition and building demolition and resettlement according to the principles and the schedule in the Resettlement Plan. For the independent monitoring and evaluation, Songliao Reservoir Resettlement Development Training and Consultation Center will carry out investigations and report annually.

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2 BASIC CONDITION OF THE PROJECT 2.1 Brief Description of the Project Fangzheng Dike is located on the middle south of Heilongjiang Province, and on the south bank of middle reaches of Songhua River. It is on the north part of Zhangguangcai Mountain of the branches of Changbai Mountain Range, on the lower reaches of Ant River. Eastern Fangzheng County is near Yilan County and Linlou County; southern Fangzheng County is near , County, and Linhai County; western Fangzheng County is near Bin County; northern Fangzheng County is on the bank of Songhua River and is on the other bank of Songhua River. Fangzheng County is with a total area of 2968.55 km2. Total length of Fangzheng County Songhua River Dike is 20.937 km, and it is from Sanmenyu of Songnan Township to Yihantong Township, and the standard of the dike is 1-in-20 year event, and it is a Class 4 dike. The dike will protect an area of 28.57 km2 and infield of 2,000 ha, 11 townships and villages (1 township), a population of 15,400. The standard of proposed dike is 1-in 20 year event, and the construction class of the dike is 4. Main construction contents are: 1) Slope Protection: extend a length of 2.63 km slope protection, in which the slope protections on both sides of Grape Gate, Heiyupao Gate, and Xinglong Gate are all 30 m, and the total length of them is 0.18 km. Number of the other slope protections are 7+100~9+050 and 17+000~17+500, and the total length is 2.45 km. 2) Revetment: total length of revetment is 4.33 km, in which length of the Heihekou revetment is 2.0 km; the length of Demoli revetment is 2.0 km; the length of newly built revetment of Yihantong is 0.14 km; and 0.19 km of primary revetment of Yihantong will be repaired. 3) Buildings: 2 new temporary drainage stations (Baiyupao Drainage Station and Grape Drainage Station). 4) The other outfit construction: forest terrace and protection forest, grass slope protection, road to the dike, etc. Total work quantities are 33.37 ×104 m3, and the works include: earthwork of 26.41×104 m3, stone of 6.53 ×104 m3, and concrete of 0.43 ×104 m3. The construction term is 1 year, and the project construction will be started in January 2009, and finished in December 2009. At present, the flood management standard of Songhua River Dike in Fangzheng County is relatively low; flood management capability is also weak; and there are many weak constructions and weak parts in the dike, and all of them threaten lives and assets of the public and corporations, and they also affect the region on economic development. 2.2 Impact Areas of Benefit Areas of the Project Land acquisition of the project will affect Tianmen Township, Yihantong Township, and Songnan Township of Fangzheng County directly, in which Heihekou Village, Demoli Village, Yihantong Villlage, Fengchan Village, and Hongqi Village will be affected. After the project is finished, it will protect 13 villages, a population of 22500, and 2866.7 ha of infield. The proposed project will also protect Moli Service Station, Moli Mineral Water Factory, Tong-San Speedway, Ha-Yi Gap Pipeline, several fiber cables for communication optical, and Yi-Han Ship Station.

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2.3 Measures to Reduce the Project Impacts In the stages of the project design, the project adopted the following measures to reduce the impacts caused by land acquisition and building demolition. According to the reconnaissance material and the result of field survey, the project design was adjusted. The length of revetment was adjusted from 7.5 km to 4.33 km, and the length of cover was adjusted from 5.5 km to 1.0 km, so the area of permanent land acquisition decreased by 7.35 ha, and the area of temporary land occupation decreased by 9.44 ha. The details area presented in table 2.1. Table 2.1: Impact Scope of the Project

Permanent land Temporary land Item Building demolition (m2 ) acquisition (ha) occupation (ha)

Primary plan 16.10 17.47 356

Optimized plan 8.75 8.03 356 2.4 Designing Process of the Project was prepared by Heilongjiang Provincial Water Conservancy & Electricity Reconnaissance Design Institution in 2000. Water Conservancy & Electricity Programming and Design Institution of Ministry of Water Resource approved Heilongjiang Provincial Songhua River Mainstream (Zhaoyuan~Yilan) Dike Project in the document of [2000]81 in June 2000. The Report has given a clear description and regulation to the importance, environmental impacts, economic evaluation, location of dike line, constructing scale and construction components of the project. The feasibility study report of the project was accomplished by Water Conservancy Programming and Design Institution, and the preliminary design has been finished by Heilongjiang Provincial Water Conservancy Reconnaissance Design Institution. 2.5 Ownership and Organization of the Project A leading group composed of Development and Reform Bureau, Water Affairs Bureau, Land Resource Bureau, and Environmental Protection Bureau was established for the resettlement organization of ADB Financed Fangzheng County Songhua River Flood Management Project. The leading group takes charge of organizing, land acquisition and resettlement of the project, policies making, approving the resettlement plan, and internal monitoring. A project office was set up under the leading group, and it is located in the county Water Affairs Bureau. The Water Affairs Bureau is responsible for the daily coordination and organization work of the project, and the county Land Resource Bureau and Development and the Reform Bureau also take part in the work. The Water Affairs Bureau also cooperates with county project office to deal with the works related to attachment demolition. After the project is finished, Fangzheng County Watercourse Management Division will take charge of the daily management and maintenance of the dike. Total investment of Fangzheng County Songhua Mainstream Dike is CNY 32.39 million, in which, CNY

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10.97 million is the loan of ADB. 2.6 Preparation of Resettlement Plan Resettlement Plan was prepared and will be implemented by resettlement unit of Project Office. The resettlement unit is composed of Water Affairs Bureau, Development and Reform Bureau, and related design units, and it takes charge of preparing of the outline of resettlement plan, organizing social economic survey, preparing the Resettlement Plan and supervising implementation. 2.7 Objective of Resettlement

2.7.1 Keeping Resettlement to a Minimum The resettlement issues caused by the works construction should be avoided or reduced as far as possible through optimizing design and selecting dike line reasonably. This can reduce the impacts of the project on the production and livings of local residents and enterprises and improve local economic and social circumstances.

2.7.2 Affected Persons Benefit from the Project Flood management constructions belong to important infrastructures with a great deal of social and environmental benefits. The completion of the project will certainly improve local social and economic circumstances through increasing the regional flood management capacity of the dike and improve the living standards of the residents as a result. The involved affected persons will also benefit from the project. Besides receiving proper economic compensation, their original poor living circumstances will be improved, the quality and standard of their livings will be improved, and the local education conditions will be improved greatly.

2.7.3 Production and Living Standards of Affected Persons to Be Restored or Improved The land occupied by Fangzheng County Songhua River Mainstream Dike Project is located along the river, and the persons involved in infield acquisition will be compensated by cash. Affected persons live near townships, and they can gain information quickly, and the traffic is convenient too. These conditions may help affected persons develop cultivation businesses and find other ways to acquire wealth; to organize trainings for them to study science and technology; and to introduce them to improved planting pattern, and refined crops and high-quality livestock and poultry to increase their incomes. In a word, through effective resettlement, the housing conditions, sources of economic incomes, community circumstances and education conditions of affected persons will be restored to original level or be improved in some aspects.

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3 PROJECT IMPACTS Construction of Fangzheng County Songhua River Dike Project will affect 3 townships (Tianmen Township, Yihantong Township, and Songnan Township) and 5 villages. According to the requirements of internal Inception Report, based on the construction plan, a project detailed impact survey was carried out by the county Water Affairs Bureau and local township government during December 2007.The survey referred to all the permanent land acquisition and temporary land acquisition, and the results of survey are: 8.75 ha of land will be occupied by the project permanently, in which, 6.03 ha of land is infield. 8.03 ha of land will be occupied by the project temporarily, in which, 1.55 ha of land is infield. 6 households (26 persons) will be relocated, and 356 m2 of houses will be demolished. Resettlement population is 117, in which, the population of living resettlement is 26 and the population of productive resettlement is 91. House demolition impacts and resettlement only affects Demoli Village of Yihantong Township. Attachments on the ground affected by the project are: 159 m2 of storehouse that made of earth and grass; 12 m2 of storehouse that made of brick and tile; 538 trees (52 fruit trees and 486 aspens); and 2 hand-pressed wells. 3.1 Permanent Land Acquisition of Rural Collective Land 8.75 ha of land will be occupied by the project permanently, in which, 1.06 ha of land belongs to Heihekou Village; 3.89 ha of land belongs to Demoli Village; 0.7 ha of land belongs to Yihantong Village; 0.28 ha of land belongs to Fengchan Village; and 0.1 ha of land belongs to Hongqi Village. The details are provided in table 3.1. Table 3.1: Permanent Land Acquisition of Fangzheng Dike Project unit: ha Types of land Name of villages Total Paddy Glebe Wasteland Heihekou Village 1.06 1.06 Demoli Village 0.85 3.04 3.89 Yihantong Village 0.7 0.52 1.22 Fengchan Village 0.28 2.2 2.48 Hongqi Village 0.1 0.1 Total 1.93 4.10 2.72 8.75 3.2 Temporary Land Acquisition 8.03 ha of land (in which, 1.55 ha of infield and 6.48 ha of wasteland) will be occupied by the project temporarily, in which, 0.55 ha of land belongs to Heihekou Village; 1 ha of land belongs to Demoli Village; 0.1 ha of land belongs to Yihantong Village; and 0.63ha of land belongs to Fengchan Village. The details are provided in table 3.2.

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Table 3.2: Temporary Land Acquisition of Fangzheng Dike Project unit: ha Types of land Name of villages Total Paddy Glebe Wasteland Heihekou Village 0.55 0.55 Demoli Village 0.25 0.75 1 Yihantong Village 0.1 0.1 Fengchan Village 6.38 6.38 Total 0.25 1.30 6.48 8.03

3.3 Private House Demolition 6 households in Demoli Village are involved in building demolition because of the project. Total demolition area is 356 m2, and the houses involved in demolition are all made of earth and grass. 3.4 Private Building and Attachments Demolition Private buildings are storehouses built by villagers around their houses mainly, and the total area of the storehouses to be demolished in Demoli Village is 171 m2, in which the area of the storehouses made of grass and earth is 159 m2, and the area of the storehouses made of brick and tile is 12 m2. 3.5 Affected Attachment

Table 3.3: Affected Attachment of Fangzheng Dike Project Item Number Hand-pressed well 2

Fruit tree 52 Aspen 486 3.6 Affected Population Affected population is 117, in which, the population of 26 persons are affected by building demolition,, and they are from Demoli Village of Yihantong Township;91 persons are affected by land acquisition, and they are from Heihekou Village, Demoli Village, Yihantong Village, Fechan Village, and Hongqi Village. The details are provided in table 3.4.

Table 3.4: Population of Productive Resettlement of Fangzheng Dike Project Names of Towns Area of infield Area of permanent Persons affected by land Persons affected by Names of Villages (townships) per capita (ha) land acquisition1 (ha) acquisition building demolition Tianmen Township Heihekou Village 0.34 1.06 19 Yihantong Township Demoli Village 0.33 3.89 38 26 Yihantong Township Yihantong Village 0.26 0.7 12 Songnan Township Fengchan Village 0.37 0.28 15 Songnan Township Hongqi Village 0.27 0.1 7 Total 6.03 91 26

1 Excluding wasteland.

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4 SOCIAL ECONOMIC SURVEY 4.1 Social Economic Background Survey of Project Impact Area The project refers to Tianmen Township, Yihantong Township, and Songnan Township of Fangzheng County. In order to know about the background of project location, besides the impact survey, lots of information about social economic was collected, so that we know about the social economic backgrounds of county and townships at all levels.

4.1.1 Economic Conditions of Fangzheng County Fangzheng Dike is located on the middle south of Heilongjiang Province, and on the south bank of middle reaches of Songhua River. It is on the north part of Zhangguangcai Mountain of the branches of Changbai Mountain Range, on the lower reaches of Ant River. The county is administrated by Harbin City. Fangzheng County was founded in 1909 and administers 5 townships and 3 towns, 67 villages, 138 units that less than villages (in which, 7 are minority nationality units). Population of Fangzheng County is 225.4 thousand, in which agricultural population is 127.8 thousand and civil population is 97.6 thousand. GDP of the county in 2003 is CNY 1.186 billion. Among the crops of the county, the planting area of foodstuff is 31729 ha, and it is 2805 ha for economic crops. The GDP of agriculture, forestry, animal husbandry, fishery is CNY 0.697 billion, in which, the GDP for agriculture, forestry, animal husbandry, and fishery are CNY 0.424 billion, CNY 1.76 billion, CNY 0.04 billion, CNY 0.057 billion respectively. Fangzheng County is located in the boundary of Harbin and , and the traffic condition of Fangzheng is convenient. “Tong-Three” speedway and old “Harbin-Tong” road cross the county. Railway crosses the county from north to south. Condition of the road in Fangzheng County is good. Songhua River runs through the county and the water carriage is convenient, too. There are 3 wharfs and 1 ferry. The total length of the line of wharfs and ferry is 8360 m, and there are 39 berths. Millions of tons of coal, thousands m3 of wood, and thousand times of vehicles are transferred there every year.

4.1.2 Basic Conditions of Affected Townships It is 6 km from Yihantong Township to the east of Fangzheng County; total area of Yihantong Township is 202.77 km2; population of Yihantong Township is 11267, in which non-agricultural population is 763 and agricultural population is 10504. The area of infield in 2003 is 2121 ha, and the output of foodstuff was 15835 ton; planting area of vegetable was 66 ha, and the output of it was 792 ton; area of fruit tree was 19 ha, and the output of fruit was 171 ton; output of aquatic product was 470 ton; number of large animals is 1051, number of pigs and sheep is 4944, number of fowls is 21420, and the output of animal product is 654 ton; gross production value of agriculture and fishery, forestry, animal husbandry, and fishery are CNY 37.07 million, CNY 2.6 million, CNY 0.1 million, and CNY 2.8 million respectively. It is 4 km from Songnan Township to the north of Fangzheng County; total area of Songnan Township is 131.54 km2; population of Songnan Township is 14472, in which non-agricultural population is 264 and agricultural population is 14208. The area of infield in 2003 is 4208 ha, and the output of foodstuff was 31335 ton; planting area of vegetable was 55 ha, and the output was 618 ton; the number of large animals is 1976, the number of pigs and sheep is 6730, the number of fowls is 57000, and the output of animal product is 686 ton; gross production value of agriculture, forestry, animal husbandry, and fishery is CNY 65.39 million, CNY 0.5 million, CNY 0.12 million, and CNY 2.1 million respectively.

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It is 25 km from Tianmen Township to Fangzheng County; total area of Tianmen Township is 358.39 km2; population of Tianmen Township is 23828, in which non-agricultural population is 1609 and agricultural population is 22219. The area of infield in 2003 is 6687 ha, and the output of foodstuff was 69000 ton; planting area of vegetable was 45 ha, and the output of it was 506 ton; area of fruit tree was 12 ha, and the output of fruit was 108 ton; number of large animals is 6509, number of pigs and sheep is 28380, number of fowls is 25000; gross production value of agriculture and fishery, forestry, animal husbandry, and fishery are CNY 105.64 million, CNY6.09 million, CNY 0.35 million, and CNY 1.2 million respectively.

4.1.3 Basic Conditions of Affected Villages Permanent land acquisition and temporary land acquisition will affect Heihekou Village of Tianmen Township, Demoli Village and Yihantong Village of Yihantong Township, and Fengnan Village and Hongqi Village of Songnan Township.

Table 4.1: Basic Conditions of Affected Village of Fangzheng Dike Project No. of No. of Area per capita of Annual income per Village Population Area of infield (ha) households labors infield(ha) capita(CNY) Heihekou Village 485 1960 689 667 0.34 2850 Demoli Village 603 2231 784 733 0.33 2150 Yihantong Village 1018 3906 1740 1027 0.26 2600 Fengchan Village 330 1308 583 480 0.37 2550 Hongqi Village 595 2350 1128 637 0.27 3400 Total 3031 11755 4924 3544 0.31 2710 We can see from the table that total population among the 5 villages is 11755, in which, there are 4924 labors. Total area of infield is 3544 ha, and the average area of infield per capita is 0.31 ha. The average annual income per capita among the affected villages in 2005 was CNY 2710. 4.2 Productive and Living Conditions Survey of Households Affected by the Project In order to know about conditions of population in impact area well, according to the requests of ADB, a social economic survey was carried out on 5 villages that affected by land acquisition and building demolition during December 2007. Sample survey on family living and productive conditions was carried out among 47 households. The survey was implemented by Harbin Water Conservancy Programming and Design Institute, Fangzheng County Water Affairs Bureau, and related township governments, and consultation specialists of ADB help them to implement the work. The concrete contents of the survey include: population, employment structure, basic assets, economic condition, income resource, living condition, etc. The details are presented in Enclosure 3. According to the impact scope of resettlement, the Project Office verified the scope and number of households of survey. A series of questionnaires that adapted to local conditions were designed, and they were distributed to the persons who lost houses or land. The survey staff were divided to several groups, and there are 2~3 persons in a group to carry out field survey. Staff asked sample households about their indicators carefully and filled tables in questionnaires. The basic conditions of survey are:

4.2.1 Family Population The sample survey focused on 47 households (187 persons) of 5 villages. Among the surveyed persons, there are 169 agricultural persons who comprise 90.4% and 18 non-agricultural persons who comprise 9.6%.

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Family population Quantity (person) Proportion (%) Agricultural population 169 90.4 Non-agricultural population 18 9.6 Among the 187 persons who were carried out survey on, there are 87 women who comprise 46.5%; 61 labors who comprise 32.6%; 5 disables or old men who comprise 2.7%; 20 students who comprise 10.7%; 14 the other persons who comprise 7.5%.

4.2.2 Ages Distribution Among the 187 persons who were carried out survey on, 12 persons are younger than 7 years old who comprise 6%; 22 persons are from 8 years old to 18 years old who comprise 12%; 136 persons are from 19 years old to 60 years old who comprise 74%; 14 persons are older than 61 years old who comprise 7.0%. Age distribution Quantity (person) Proportion (%) Younger than 7 years old 12 6 8 years old to 18 years old 22 12 19 years old to 60 years old 139 74 Older than 61 years old 14 7

4.2.3 Education Levels Distribution Among the 187 persons who were carried out survey, 12 persons are illiterates who comprise 6.4%; 50 persons are with primary educations who comprise 26.7%; 105 persons are with middle school educations who comprise 56.2%; 6 persons are with the educations of college who comprise 3.2%; and 14 persons are younger than the school age who comprise 7.5%. Education Levels Distribution Quantity (person) Proportion (%) Illiterate 12 6.4 Primary school 50 26.7 Middle school 105 56.2 Higher than college 6 3.2 Younger than school age 14 7.5

4.2.4 Family Production Among the 47 households who were carried out survey on, total area of contracted land is 53.3 ha, in which, the area of foodstuff land is 52.6 ha that comprise 98.7%; the area of vegetable is 0.7 ha that comprise 1.3%; and the 47 households have 114 fruit trees, 28 pigs, 30 cattle, 2 horses, 183 chicks, and 30 sheep.

4.2.5 Housing Condition Total area of 47 households’ housing land is 32,630 m2. Construction area of the houses is 3380 m2, in which, 866 m2 of houses are made of brick and tile that comprise 25.6%, 2514 m2 of houses are made of earth and grass that comprise 74.4%, and the average area per household is 71.91 m2.

4.2.6 Annual Family Income and Expenditure Total annual income of the 47 households is CNY 1,147,100 (the average annual income per household is CNY 22,279), in which annual income of planting is CNY 701,500 that comprises 67%;

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annual income of animal husbandry is CNY 36400 that comprises 3%; annual income of part time job is CNY 194,000 that comprises 19%; and the other income a year is CNY 115,200 that comprises 11%. According to the data from survey, total annual expenditure of the 47 households is CNY 498,702 (the average annual expenditure per household is CNY 10,610), in which expenditure of buying seeds, pesticide and chemical fertilizer is CNY 74,990 that comprises 15%; the expenditure on water, electricity, and fuel is CNY43,282, which comprises 9%; expense on machines is CNY 55,570 that comprises 11.1%; the expenditure on tuition and medical treatment is CNY 131,300 that comprises 26.3%; daily expenditure is CNY 193,560 that comprises 38.8%. The average incomes and expenditures of all the villages are presented in the following table.

Table 4.2: Average Income and Expenditure per Capita of Sample Households Townships Tianmen Yihantong Songnan Total Villages Heihekou Demoli Yihantong Fengchan Hongqi No. of sample households 19 22 1 4 1 47 Population 74 88 4 16 5 187 Planting 4649 2858 5500 4469 2500 3751 Animal husbandry 155 156 500 562 280 195 Average income Part time job 1218 856 1000 1344 600 1037 per capita (CNY) The other 412 804 1000 619 0 616 Total income 6435 4674 7700 6994 3380 5599 Average Productive 632 592 1300 1394 840 698 expenditure per Consumption 2387 1462 2000 2834 1900 1969 capita (CNY) Total 3019 2054 3300 4228 2740 2667 Average savings per capita (CNY) 3416 3416 2620 4400 2766 2932

According to the table above, average income per capita is CNY 2932, in which 67% of it is from agriculture and the proportion is relatively big, and it indicates that farmers depend on the land mostly.

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5 LEGAL FRAMEWORK 5.1 Legal Basis

5.1.1 National Laws and Regulations (1) < Land Administration Law of the People's Republic of China>, effective since January 1, 1999 (2) No. 471 order of People’s Republic of China State Department on July 7, 20056 < Regulations about Land Acquisition and Resettlement for Large and Middle Hydraulic and Hydroelectric Engineering>

5.1.2 Regulations of Ministry of Water Resource (1)

5.1.3 Provincial Documentations and Regulations (1) , issued by Heilongjiang Provincial Department of Land Resources in Jan 2000 (2) > ([2001] No.111 of Heilongjiang Provincial Land Resource Sector). (3) < Notice on Publish > (No. [1990] 60 of Heilongjiang Province Land Resource Sector)

5.1.4 Policies of Asian Development Bank Handbook on Resettlement: A Guide to Good Practice, ADB (1998) Involuntary Resettlement Policy of ADB (1995) 5.2 Acquisition Authority and Compensation Quality

5.2.1 Land Acquisition Authority and Compensation Nature According to (implemented on January 1, 1999), any unit or individual that needs to use land for construction must apply for the use of state-owned land in accordance with law. Article 44 For occupation and use of land for construction involving turning agricultural land into land for construction, formalities of examination and approval for turning agricultural land into other uses should be completed. Occupation and use of land involving turning agricultural land into land for construction for construction projects of roads, pipelines, cables and big-size infrastructure approved by people's governments of the provinces, autonomous regions and municipalities directly under the Central Government and construction projects approved by the State Council shall be subject to the approval of the State Council. Turning agricultural land into land for construction for the implementation of the said planning within the scale of land for construction for municipalities and villages and townships determined by the overall planning for land utilization shall be subject to the approval of the organ that originally

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approved the overall planning for land utilization in batches in accordance with the annual land use plan. Within the scope of agricultural land turning into other uses already approved, land for specific construction projects can be approved by municipal and county people's governments. Article 45 Requisition of the following land shall be subject to the approval of the State Council: (1) Basic farmland; (2) cultivated land other than the basic farmland exceeding 35 hectares; and (3) other land exceeding 70 hectares. Article 58 The right to use of state-owned land may, subject to the approval of the people's government that originally approved the use of land or the people's government with authority of approval upon submission by the competent department of land administration of the people's government concerned, be withdrawn for any of the following circumstances: (1) Land use required for public interest; (2) Adjustment in land use necessitated by reconstruction of old urban districts in implementing urban planning; Article 47 For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land. Land Administration Regulations in Heilongjiang Province: Article 23:In case the land acquired for construction project involves transforming agricultural land to construction land, the procedures for approval of changing the type of agricultural land should be undertaken in accordance with Article 44 of the Land Administration Law of PRC. Article 24:The approving limit for acquiring collectively owned land by farmers is specified as follows: (1)Land acquisition of 35 ha or less cultivated land expect for basic farmland or 70ha or less other land should be approved by the provincial government and submitted to the State Council for reference; (2) Land acquisition of basic farmland or that of other cultivated land except for basic land or other land with the area exceeding the limit specified in Sub-clause 1) of this article should be submitted to the State Council for approval. And If the land is acquired in accordance with state laws, the agency or individual affected should hand in the land within the scheduled period with no hindrance. Decisions of State Department on deepening the reform of land management (the No. 28 document of State Department in 2004): Article 3: To implement the cultivated land compensation system strictly. All kinds of non-agricultural construction projects refers to cultivated land acquisition which has been approved by related department should be compensated by the cultivated land with the same quantity and quality by the construction corporation, and the compensatory land should be convert according to its quantity and quality, so as to avoid “occupy more but compensate less or occupy good land but compensate by bad land”. If the local government has no land to supply, related corporation should hand up cultivated land reclaiming fee according to the regulations of the province, autonomous region or municipality. The cultivated land reclaiming fee should be managed separately, and it should not be diminished or misused. The compensatory land fee of the construction project invested by the government should be also listed in the project budget.

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Article 10: Construction land using of rural collectivity land should be accordance with the general land using program and villages and townships program, and the land using should be also listed in the annual land using plan, and the agricultural land using should transact the approval. Article 11: To protect the basic cultivated land strictly. The basic cultivated land using should be approved by the State Department, and the compensation for it should adopt the top standard. Article 12: To perfect the compensation methods for land acquisition. The local government (above the county) should adopt corresponding measures to ensure the living level of the farmers affected by land acquisition not be lower. The land compensation, resettlement subsidy and the compensation for attached facilities and plant on the ground should be paid fully on time. 5.3 Legal and Administrative Procedure The relevant specifications in the Land Administration Law of PRC are as followed: Article 46 For land requisitioned by the state, local people's governments at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and organize its implementation. Owners and persons of the right to use of the requisitioned land should, within the specified time period of the announcement, bring the ownership certificates to the competent department of local people's government to enter into registration for compensation for land requisition. Land Administration Regulations in Heilongjiang Province is as followed: Article 25: In case the concrete construction projects will acquire the unused state-owned land within the construction land scopes of cities, villages and market towns regulated by the general planning of land utility, the land acquisition should be approved by the governments of cities and counties and be submitted to the administration authorities of the governments for keeping in records. In case the state major construction projects, military establishments, the trans-province construction projects and other construction projects assigned by the State Council will acquire the unused state-owned land regulated by the general planning of land utility, the land acquisition should be submitted to the State Council for approval. 5.4 Regulations for Compensation The relevant specifications in the Land Administration Law of PRC are as follows:

Article 47 For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land. Compensation fee for the cultivated land requisitioned include land compensation fee, subsidy for resettlement as well as compensation fee for ground appendixes and young crops. Land compensation fee for the cultivated land requisitioned shall be six to ten times of the average annual output value in the three years prior to requisition. Subsidy for resettlement for the cultivated land requisitioned shall be calculated on the basis of the agricultural population that requires resettlement. The agricultural population that requires resettlement shall be calculated on the basis of the amount of cultivated land requisitioned divided by the average per capita occupancy of cultivated land of the unit requisitioned. The rate of subsidy for resettlement per head of the agricultural population that requires resettlement shall be four to six times of the average annual output value in the three years prior to requisition of the said cultivated land. However, the maximum subsidy for resettlement for cultivated land requisitioned per hectare shall not exceed fifteen times of the average annual output value in the three years prior to the requisition.

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Additional subsidy for resettlement may be provided for those peasants who require resettlement and cannot maintain their original living standards on the basis of land compensation fee and subsidy for resettlement the payment of which is effected pursuant to the provisions of the Second Paragraph of this Article subject to the approval of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government. However, the total of land compensation fee and subsidy for resettlement shall not exceed thirty times of the average annual output value in the three years prior to requisition of the land. The relevant specifications in Land Administration Regulations in Heilongjiang Province are as follows: Article 27: Land compensation fee for the acquired land shall be paid in accordance with following standards: 1) The land compensation fee for cultivated land is 6-10 times of the AAOV of the land in the previous 3 years before land acquisition. 2) The land compensation fee for housing plot and construction land of village enterprises is 4 times of AAOV of the local dry farmland in the previous 3 years before land acquisition. 3) The land compensation fee for the newly cultivated for less than 3 yeas is 2 times of output value of the land last year and the compensation fee for investment shall be paid. 4) The land compensation fee for the uncultivated land or cultivated land abandoned for more than 4 years but less than 10 years is 2 times of annual output value of dry farmland. 5) The land compensation fee for the fish ponds is 3 times of the AAOV in the previous 3 years before acquisition. 6) The land compensation fee for the orchard, grassland and reed land is 6 times of annual output value of each land 7) The land compensation fee for forest land shall be in accordance with applicable national regulations. Article 28: Resettlement subsidies for the acquired land shall be paid in accordance with following standards: 1) The resettlement subsidy for the cultivated land is 4-6 times of the AAOV of the land in the previous 3 years before land acquisition. The calculation of the AAOV in the previous 3 years before land acquisition conforms to Article 27.1.1. 2) The resettlement subsidy for the orchard and fish ponds is 3 times of the AAOV in the previous 3 years before acquisition. 3) No resettlement subsidy will be paid for housing plot, village enterprise land, uncultivated land, cultivated land abandoned continuously for more than 4 year but less than 10 years and land newly cultivated for less than 3 years. 4) The resettlement subsidy for forestland shall be in accordance with applicable national regulations. Article 29: If there are standing crops on the land to be acquired, the standing crops shall be compensated by the output value of the year. Article 30: Compensation fee and resettlement subsidies should be paid for the state-owned agricultural land legally used by other entities with approval, the compensation refers to the related standards of land compensation and resettlement subsidies of land acquisition.

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5.5 Legal Obligation of Organization The relevant specifications in Land Administration Law of PRC are as follows:

Article 66 Competent departments of land administration of people's governments at and above the county level shall conduct supervision and inspection over acts in violation of the laws and regulations on land administration.

Functionaries of supervision and inspection of land administration should be conversant with land administration laws and regulation, faithful in the discharge of duties and impartial in law enforcement. Article 70 Competent departments of land administration of people's governments at and above the county level should, upon uncovering of illegal acts by state functionaries in the work of supervision and inspection who should be imposed administrative sanctions, handle the case(s) according to law; when the department has no power to handle the case(s), a proposal for administrative sanctions shall be submitted to the administrative supervisory organ of the people's government at the corresponding level or at the next higher level, and the administrative supervisory organ concerned should handle the case(s) according to law. Article 79 Whoever infringes on and uses the compensation fee and other related fees for land requisition of the requisitioned unit for other purposes constituting a crime shall be investigated of criminal liability according to law; where a crime has not been constituted, administrative sanctions shall be imposed according to law. 5.6 Related Regulations of Asian Development Bank (1) Resettlement should be avoided from taking place as far as possible. (2) If resettlement can't be avoided, affected persons should be minimized by feasible alternatives and RPs should be prepared for those displaced. (3) Compensation and assistances should be provided to the affected persons to prevent their future economic and social livings from changing due to the impacts of the Project. (4) The affected persons should be informed of and consulted on resettlement and compensation option. (5) Resettlement should be an integral part of project design to be planed and executed. The costs of resettlement and compensation should be involved in the expenses and incomes of the Project. (5) The affected persons without normal land tenure should receive compensation. (6) Special considerations and relevant assistances should be provided to the households headed by women or other vulnerable persons such as original inhabitants and minorities to improve their status. (7) The costs of resettlement and compensation can be involved in loans of the Project from banks. (8) Much attention should be given to the participation of persons with correlative benefits in the preparation and execution of the RP. (9) A smooth grievance mechanism should be established. (10) The RP and implementation policies should be made public to the affected persons.

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6 COMPENSATION STANDARDS The resettlement policies of the project are made according to the resettlement policies of PRC, Heilongjiang Province, Fangzheng County, and ADB. In order to ensure the policies are consistent with the objectives of resettlement, the following compensation policies and compensation standards have been established for the project, and they do not refer to the other projects. 6.1 Compensation Standards

6.1.1 Compensation Standard for Permanent Land Acquisition The compensation multiple for permanent land acquisition of Fangzheng County Songhua River Mainstream Dike is set as 16 times according to various types of land, and it is 2 times for temporary land acquisition. The details are presented in table 6.1 and table 6.2.

Table 6.1: Compensation Standard for Permanent Land Acquisition of Fangzheng Dike Project Average output value Multiples for land Multiples for Compensation standards Item (CNY/ ha) compensation resettlement (CNY/ ha) Glebe 7400 10 6 118400

Paddy 11800 10 6 188800

Housing basic land 7400 4 29600

Waste land 7400 2 14800

6.1.2 Compensation Standard for Temporary Land Acquisition

Table6.2: Compensation Standard for Temporary Land Acquisition of Fangzheng Dike Project Average output value Multiples for land Multiples for Compensation standards Item (CNY/ ha) compensation resettlement (CNY/ ha) 7400 14800 Glebe 2 11800 23600 Paddy 2

6.1.3 Compensation for Private Houses Houses involved in demolition are all made of earth and grass, the compensation standard for the houses is CNY 280/ m2.

6.1.4 Private Building and Affected Attachment The compensation standards for private buildings are: CNY 80 /m2 for the storehouse made of earth and grass and CNY 150/ m2 for storehouses made of brick and tile; compensation standards for attachments on the ground are: CNY 200 for a hand-pressed well, CNY 120 for a fruit tree, and CNY 30 for a aspen. The details are presented in table 6.3.

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Table 6.3: Compensation Standards for Private Buildings and Attachments No. Item Unit Unit price 1 Houses Storehouse made of earth and grass m2 80 Storehouse made of brick and tile m2 150 2 Attachment on the ground Hand-pressed well 200 Fruit tree 120 Aspen 30

6.1.5 Transportation Fee The living subsidy for affected households during interim is CNY 80 /month, and the interim is 6 months, so it is CNY 480 /household. The transportation fee is CNY 300/ household, and the subsidy for delaying job is CNY 300 /household. 6.2 Rights and Obligation of Affected Persons

6.2.1 Permanent Land Acquisition According to the compensation standards in table 6.1 and (the No. 28 document of State Council in 2004), the land compensation and resettlement subsidy of permanent land acquisition will be distributed to village committee. The village committee plans to distribute the resettlement subsidy to affected households. At the same time, as long as all the affected households and 70% of villagers agree with, the land compensation fund can be used on public facilities construction, such as road and irrigation system, etc, so as to improve the productive and living conditions. The details are provided in table 6.4. Table 6.4: Using Conditions of the Land Compensation fund in Affected Villages

Land types(ha) Compensation fund (CNY) Paddy Households The comepnsation fund will be Villages Glebe Wasteland Total field Village collectivity affected by land used to do the following things (ha) (ha) (ha) acquisition 1.06 Build road, repair Heihekou 1.06 47100 78400 watercourses, and dig well. 3.89 Build road, repair Demoli 0.85 3.04 195200 325300 watercourses, and dig well. Yihantong 0.7 0.52 0.7 52500 87400 Build road and dig well. 2.6 Repair watercourses and dig Fengchan 0.28 2.2 32000 53400 well Hongqi 0.1 0.1 7100 11800 Bu i ld roa d Total 1.93 4.1 2.72 8.75 333900 556300

6.2.2 Temporary Land Acquisition According to the compensation standard in table 6.1, the compensation for crops of temporary land acquisition will be distributed to affected persons directly. The fund for restoring the land will be transferred by Land Management Bureau to village committees, and village committee will take charge of restore the land.

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The temporary land occupation is caused by the temporary road, which will not cause serious impact that cannot be restored. Table 6.5: Compensation for Temporary Land Occupation

Land type(ha) Total Compensation fund (CNY) Villages Paddy field (ha) Glebe (ha) Wasteland (ha) Heihekou 0.55 0.55 8100 Demoli 0.25 0.75 1 17000 Yihantong 0.1 0.1 Fengchan 6.38 6.38 Total 0.25 1.3 6.48 8.03 25100

6.2.3 Entitlement Matrix The details are presented in the following table.

Impact Type Impacts Entitlements Standard 1. Get land compensation and resettlement subsidy 2. The land compensation are used to help the affected Villages persons restore their income. Compensation for land acquisition: Glebe : CNY 74000/ ha 3. Give the land compensation fund (10 times as the Paddy : CNY 118000/ ha AAOV) to affected persons. Permanent land Waste land: CNY 14800 /ha 1. Get the land compensation fund (10 times as the AAOV) acquisition Resettlement subsidy: 2. Develop animal husbandry or another vocation using the Glebe : CNY 44400/ ha Affected compensation fund. Paddy : CNY 70800/ ha households 3.Get both the homestead offered by the village and some compensation. 4. Have priority to contract the reserved land in the village Compensation for crops: Affected 1. Get the compensation of 2 times as the average annual Glebe : CNY 14800/ ha Temporary land households output value according to the occupied time. Paddy : CNY 23600/ ha occupation 1. Get the fund for restoring the land and take charge of Fund for restoring the land: Villages restoring the land. CNY 20000/ ha Housing Compensation: Houses made of grass and earth: CNY 280/m2; 6 households Storehouse made of grass and in Demoli 1. Get the cash compensation based on replacement value earth: CNY 80/m2; Village of the affected structures. Storehouse made of brick and tile: House Demolition and Units 2. Get the transition allowances. CNY 150/m2; whose store 3. Get a 300 m2 homestead land for free in Demoli Village. Living subsidy: houses are CNY 480/household affected Transportation fee: CNY 300/household Subsidy for delay job: CNY 300/household Affected Hand-well: CNY 200 Ground households or 1. Get cash compensation for affected attachments. Fruit tree: CNY 120 Attachments units Aspen tree: CNY 30

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7 RESETTLEMENT MEASURES 7.1 Resettlement of Households Affected by Building Demolition The 6 removed households, with a total house demolition area of 356 m2, are all from Demoli Village. According to article 38 of Heilongjiang Provincial Land Management Regulation, the area of housing land per rural household should not be more than 350m2. Taking the practical conditions of affected village in to consideration, the area of housing land for every household is 300m2, so 1800 m2 of housing land is needed. Compensation for houses, attached building, and all kinds of resettlement subsidy will be distributed to affected households directly, and they will build new houses themselves. The relocation site for the 6 moved households will be in the main village of Demoli. The homestead land compensation fund will be distributed to the village committee, and the village committee will provide affected households with homestead for free. The area of housing land in the village is 2500m2 which is enough to build new houses for the removed households. 7.2 Resettlement of Permanent Land Acquisition

Table 7.1: Impacts of Permanent Land Acquisition of Fangzheng County Songhua River Mainstream Dike Project

Tianmen Township Yihantong Township Songnan Township Item Heihekou Village Demoli Village Yihantong Village Fengchan Village Hongqi Village

Area of infield(ha) 667 733 1027 480 637 Population 1960 2231 3906 1308 2350 In which: labors 689 784 1740 583 1128 Area of land acquisition(ha) 1.06 3.89 0.7 0.28 0.1 Population affected by land acquisition 19 38 12 15 7 In which: laborers 8 14 5 6 3 Before land acquisition(ha/person) 0.34 0.33 0.26 0.37 0.27 After land acquisition(ha/person) 0.34 0.33 0.26 0.37 0.27

According to table 7.1, losses of infield are not serious. It is 0.16% for Heihekou Village of Tianmen Township; 0.07% for Demoli Village of Yihantong Township; 0.07% for Yihantong Village; 0.07% for Fengchan Village of Songnan Township; and 0.02% for Hongqi Village. After land acquisition, the area of infield per person of affected villages changes very little. The proportions of affected population are from 0.30% to 1.70%, and the proportions of affected labors are from 0.27% to 1.79%. The impact on Demoli Village is the biggest, and the impact on Hongqi Village is the least. A total of 1.06 ha of land of Heihekou Village will be occupied by the project, and 19 persons will be affected. Total area of Heihekou Village is 666.7 ha, and impact land occupies 0.16% of the whole. Reserve land of the village is 16 ha, which is much more than the acquired lands, and the lands can easily be contracted by affected households. A total of 3.9 ha of land of Demoli Village will be occupied by the project, and 38 persons will be affected. Total area of Demoli Village is 733.3 ha, and impact land occupies 0.53% of the whole. Reserve land of the village is 18.3 ha, which is much more than the acquired lands, and the lands can easily be contracted

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by affected households. A total of 0.7 ha of land of Yihantong Village will be occupied by the project, and 12 persons will be affected. Total area of Yihantong Village is 1036 ha, and impact land occupies 0.07 % of the whole. Reserve land of the village is 20.7 ha, which is much more than the acquired lands, and the lands can easily be contracted by affected households. A total of 0.3 ha of land of Fengchan Village will be occupied by the project, and 15persons will be affected. Total area of Fengchan Village is 480 ha, and impact land occupies 0.06% of the whole. Reserve land of the village is 12.5 ha, which is much more than the acquired lands, and the lands can easily be contracted by affected households. A total of 0.1 ha of land of Hongqi Village will be occupied by the project, and 7persons will be affected. Total area of Demoli Village is 636.7 ha, and impact land occupies0.02% of the whole. Reserve land of the village is 12.7 ha, which is much more than the acquired lands, and the lands can easily be contracted by affected households. The land compensation fund for permanent land acquisition will be distributed to the village committees, and the village committees will adjust land for affected households. The reserve land of the villages is all good land, the output of the land is better than the land that to be occupied by the project. The affected persons will get both cash compensation and the priority to contract the reserved land in the village (for the persons who lost a large amount of land). 7.3 Restoration Plan for Temporary Land Occupation 8.03 ha of land will be occupied temporary by the project, in which 1.55 ha of land is infield and 6.48 ha of land is wasteland. The persons affected by temporary land acquisition are among the persons affected by permanent land acquisition. According to related policies, affected persons will get the 2 times as the average annual output value of glebe and restoration fee. Affected person can get the compensation for output value during the time the land is occupied, and after the project being finished, the land will be restored by the village committee using the restoring fund, at which time the impact will be eliminated.

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8 COST ESTIMATE 8.1 Expenses The fund spent on land acquisition and resettlement will be listed in the budget of the project. The resettlement fund of the project is CNY 1.402 million. Planned resettlement budget of Fangzheng County Songhua River Mainstream Dike Project is in table 8.1.

Table 8.1: Budget in Resettlement Plan of Fangzheng County Songhua River Mainstream Dike Project Compensation Investment Item Unit Quantity Remark standards (CNY 10000) 1.Compensation fee for land acquisition and resettlement subsidy 94.62 1.1 Permanent land acquisition 8.75 89.01 1.1.1 infield ha 6.03 84.98 (1)paddy ha 1.93 188800 36.44 (2)glebe ha 4.1 118400 48.54 1.2 wasteland ha 2.72 14800 4.03 1.2. Temporary land acquisition 1.55 5.61 1.2.1 infield ha 1.55 2.51 (1)paddy ha 0.25 23600 0.59 (2)glebe ha 1.3 14800 1.92 (3)restoration fee for infield 1.55 20000 3.10 2. Compensation fee for houses and attached buildings 11.46 2.1 Compensation fee for houses 527 11.42 (1)houses made of earth and grass m2 356 280.00 9.97 (2)storehouses made of earth and grass m2 159 80.00 1.27 (3)storehouses made of brick and tile m2 12 150.00 0.18 2.2 Attached buildings 2 0.04 (1)hand-pressed wells 2 200.00 0.04 3. The other compensation fee 2.08 3.1 Several trees and fruit trees 538 2.08 (1)fruit trees 52 120.00 0.62 (2)aspens 486 30.00 1.46 4. Compensation for basic facilities 0.53 Housing land ha 0.18 29600 0.53 5. Transportation fee 0.36 5.1 Relocation subsidy household 6 300.00 0.18 5.2 Subsidy for delaying job household 6 300.00 0.18 6. Subsidy for interim housing household 6 480.00 0.29 Subtotal from 1 to 6 109.34 7. The other expenses 8.20 7.1 Expenses on reconnaissance and design 109.34 0.03 3.28 7.2 Expenses on implementation management 109.34 0.03 3.28 7.3 Expenses on monitoring and evaluation 109.34 0.015 1.64 Subtotal from 1 to 7 117.55 8. Contingency 17.63 8.1 Basic reserve 117.55 0.15 17.63 Subtotal from 1 to 8 135.18 9. Tax 5.04 9.1 Management expenses of land acquisition 135.18 0.015 2.03 9.2 Expenses on infield restoration ha 6.03 5000 3.02 TOTAL 140.22

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8.2 Investment Plan According to Year According to the schedule of project, the construction term is 1 year, and most of fund is paid before the construction work is started. Investment plan according to year is presented in table 8.2.

Table 8.2: Investment Plan According to Year Year 2009 2010 Subtotal Investment (CNY 10000) 126.2 14.02 140.22 Proportion (%) 90 10 100

8.3 Fund Resource According to the schedule arrangement, all the funds come from financial allocation of the Project. 8.4 Fund Flow Prior to implementation of land acquisition and resettlement, the project office signs compensation agreements with all affected villages and individual households. The agreements will specify the compensation amount, payment method, payment schedule, responsibility, and the other articles consulted by the two parties. The method of the fund flow is: Financial Bureau allocates fund to Project Office, and Project Office distributes the fund to project owner, and project owner distributes the fund to affected persons. The fund flow is presented in Figure 8.1.

Finance Bureau BureauFincn

Project Office

Collective and villages

Owners of the Removed households attachment on Contracted the ground households

Figure 8.1 Resettlement Funds Flow

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9 SCHEDULE OF RESETTLEMENT ACTIVITY 9.1 Linkage of Resettlement Schedule with Construction Schedule

9.1.1 Schedule of Fangzheng County project The project is planned to start in January 2009 and finish in December 2009. The schedule of land acquisition and resettlement will be based on the arrangement of project construction.

9.1.2 Linkage of Resettlement Schedule with Construction Schedule The principles of arranging the resettlement activities and the construction schedule are described as follows: (1) The schedule of resettlement for land acquisition should be matched with that of the construction of the Subproject. (2) The schedule of land occupation will be determined in accordance with the starting time of the subproject construction. (3) The land acquisition and structure relocation in the Resettlement Plan should be finished one month before the land is required for construction of the Subproject. The commencement of land acquisition and relocation will be determined in accordance with the demand of resettlement for land acquisition.

Table 9.1: Implementation Schedule of Land Acquisition and Construction Item Time Start 2009.1 Dike Construction End 2009.12 Land Acquisition and Start 2009.1 House relocation End 2009.3

9.2 Principle for Resettlement Implementation Schedule The implementation of the Resettlement will start after the evaluation by ADB, and the schedule will be established in accordance with the following principles (1) The scope of land acquisition is determined in accordance with the design drawings of each component of the dyke works before starting detailed measurement and calculation needed by land acquisition and house removal. (2) The detailed measurement and calculation needed by land acquisition and house removal should be done by Fangzheng Project Office together with the owners of property in accordance with the red line map before signing the compensation and resettlement agreement. (3) Fangzheng Project Office organizes conference of all affected communities, households, and work units to publicize the policies on land acquisition, house removal, compensation and resettlement. The conference will be held before the compensation and resettlement agreement is signed. After the conference, an announcement about land acquisition and house removal will be issued. (4) The agreement on compensation and resettlement should be signed between the Subproject and

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affected parties after the detailed measurement and calculation and after issuance of the announcement about land acquisition and house removal. (5) The compensation fee for loss of crop yield should be paid for the temporary land occupation and payment should be made before construction. (6) The payment should be carried out after the compensation agreement between the two parts is signed or before the implementation of land acquisition and house removal. 9.3 General Schedule for Land Acquisition and Building Demolition According to the schedules of the preparation and the implementation of the resettlement and land acquisition, the overall schedule of the land acquisition and resettlement of the project is studied out as table 9.2. Table 9.2: Schedule of Resettlement Activity No. Tasks Start time Finish time 1 Preparation work 2005-8-25 2005-11-10 2 Establish the Project Office 2005-8-25 2005-9-15 3 Determination of impact scope 2005-9-16 2005-10-16 4 Project impact survey 2005-10-17 2005-11-30 5 Socioeconomic survey 2006-1-5 2007-12-15 6 Consultation on resettlement policy 2006-2-18 2006-3-20 7 Formulation of resettlement plan 2006-4-5 2008-12-20 8 Disclosure 2007-11-6 2008-1-1 9 Compensation 2008-2-2 2008-11-29 10 Detailed measurement survey 2008-1-1 2008-8-1 11 Develop the replaced land 2008-3-2 2008-4-1 12 Distribution of compensation fee 2009-1-15 2009-3-20 13 Internal approval for permanent land acquisition(proposed) 2008-12-30 14 Monitoring and evaluation 2009-1-1 2011-3-28

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10 RESETTLEMENT ORGANIZATIONS 10.1 Agencies Related to Resettlement During the implementing of the project, the agencies that be responsible for the planning, administering, implementing, and monitoring of the resettlement activities are: Project Leading Group: Be responsible for the leading, organizing, coordinating of the project, polices making, approval of the resettlement plan, and implementation of internal monitoring. Project Office: Be responsible for daily coordination and organization of the project construction. Fangzheng County Water Affairs Bureau: Be responsible for cooperating with project office to carry out attached facilities demolition and management of land acquisition. Yihantong Township, Songnan Township, and Tianmen Township: Cooperate with Resettlement Unit of Project Office to carry out land acquisition and building demolition and organize villagers to remove and develop production. Harbin Water Conservancy Planning & Design Institute: Be responsible for design of project construction and making sure the scope of land acquisition. Changchun Songliao Reservoir Resettlement Development Consultation Center: Be responsible for monitoring and evaluation on the resettlement of land acquisition and building demolition. 10.2 Organization Framework Provincial Project Office

County Project Leading Group

External monitoring and Harbin Water County Land County Project Office evaluation agency Conservancy Resource (Administers a

Planning & Bureau Resettlement Unit)

Design Institute

Tianmen Township Songnan Township Yihantong Township Government Government Government

Heihekou Village Fengchan Village Yihantong Village and and Hongqi Village Demoli Village

Affected persons Affected persons Affected persons

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10.3 Organization Qualification The Project Leading Group is composed of a vice mayor as the chief and the leadings from the relative administration authorities. The leaders have accumulated abundant experiences in a great many municipal works relative to land acquisition done in Fangzheng County before. Because they come from government organizations or various administration authorities, they can play well their roles of organization and coordination in land acquisition. The other institutions taking part in the implementation are all composed of personnel with abundant experiences on subproject management. The resettlement implementing agencies are all well manned with high-quality staff with full-time personnel of 34 persons and 75 persons at peak periods. The staff has wide range of technical background and rich experience in resettlement implementation. This will produce importance effects on the implementation of the RP. The removal administration and implementing agencies have better transportation and communication instruments, and the other agencies undertaking survey and design, removal implementation and independent external monitoring and evaluation own advanced computer assistant instruments, technology and abundant experiences in land acquisition and resettlement. The personnel in the resettlement implementing agencies are presented in table 10.1.

Table 10.1: Personnel Relating to Resettlement Matters in the Agencies Full-time Personnel in Starting Implementing Agencies Personnel Peak Periods Qualifications of Personnel working since (persons) (persons) County Project Leading Group 2 4 Official, graduate or above 2007.12 Official, technical personnel,graduate County Project Office 3 8 2007.12 or above County Water Affairs Bureau 3 6 Official, junior collage or above 2007.12 Townships Governments 6 18 Official 2007.12 Villages Committees 15 30 Village cadre 2007.12 City Water Conservancy Design Engineering technical personnel, 3 6 2007.12 Institute graduate or above Changchun Songliao Reservoir Professor, associate professor, Resettlement Development 3 3 2008.1 master's degree or above Consultation Center Total 35 75

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11 PARTICIPATION AND CONSULTATION 11.1 Public Participation Strategy In order to formulate policies related to resettlement, prepare Resettlement Plan, minimize complaints and disputes from affected persons, and accomplish the target of appropriate resettlement, a great deal of efforts have been made and will be made on public participation and consultation during stages of preparation and implementation of the Resettlement Plan.

11.1.1 Public Participation in Project Preparation In the stage of project preparation the feasibility study, time after time, Project Office had asked Harbin Municipal Government, relative experts, county and township governments and the representative villagers affected by the land acquisition for their suggestions, proposals and opinions on the schemes of construction, compensation and resettlement of the Project.

11.1.2 Public Participation in Socio-Economic Survey During impacts investigation and socio-economic survey, participated by the officials from the affected towns/townships, the affected villages leadings and villagers from the affected villages, various surveys, including impact investigation, the socio-economic survey on the affected area and sampled households, were completed, and the survey results were confirmed by the related shareholders. Project Office carried out a survey to ask the public for their proposals and suggestions on the project. The survey inferred to 5 villages and 47 households, and the results of survey are presented in table 11.1

11.1.3 Public Participation During implementation of resettlement activities, the public participation and consultation will be encouraged through following procedures and measures. 1) Consultation Meetings In the past three years, symposiums were held with the participations of rural residents, village cadres and female representatives from the subproject affected area to collect their opinions and suggestions. 2) Public Meetings Before the implementation of RP, public meetings were held to explain relative policies, laws, compensation standards and resettlement schedules to the affected persons so that they can get the information of RP and make an earlier arrangement for resettlement. 3) Participating in the activities of land acquisition and resettlement by village leaders and representatives: During the implementation, the village leaders and representatives of affected persons will participate in on-site investigation and detailed measurement survey to finally determine the quantity of land acquisition, negotiate on compensation standards and resettlement options with Project Office and other relative authorities. Through democratic consultation, the villagers' committees will determine: (i) the land readjustment method, (ii) the use of compensation fee, (iii) benefit distribution by investment of land compensation, (iv) trainings plan and assistance for the other affected persons, etc.

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11.2 Disclosure Procedures (1) Publicize the policies about affected person’s resettlement by mass media including newspaper, radio and television. (2) Issue Announcement of Land Acquisition and Resettlement The major contents of the announcement include: brief introduction of the subproject, the affected area, policies of resettlement, including compensation standards, resettlement organization, entitlement matrix, complaints and appeal, monitoring and evaluation, etc. 3) Resettlement Plan and Resettlement Information Booklet were finished in September 2008, and the Resettlement Information Booklets have been distributed to affected persons. (4) Meantime, the Resettlement Plan both in Chinese and English was finalized and sent to ADB for approval and will be uploaded to ADB website. 11.3 Public Opinion Survey Project Office organized Fangzheng County Water Affairs Bureau and related townships governments to carry out a survey about public opinions and suggestions. The survey included 47 households in 5 villages affected by the project. Analysis of the survey results from 47 households is presented as follows z 75% of respondents know the Project is to be constructed, 16% of respondents don't know, and 9% of respondents are not clear z 98% of respondents support the Project, 0.5% of respondents don't, and 1.5% of respondents are indifferent。 z 100% of respondents think the Project will benefit not only the government and the collectivity but also to individuals. z The people had profound knowledge on the impacts and harms caused by floods. 96% of respondents thought floods could "cause houses and properties lost", 95% "affect agricultural production", 93%" damage infrastructure", 80%"affect people's health", and 40% "affect investment conditions". z When asked what degree will floods affect their living and production, 38% of the respondents said "very severe", 45% said "severe", 11% said "not severe" and 6% said "no impact". z 94% respondents think the Project will protect the securities of people and production, 93% think it will increase agricultural production, 85% think it will improve living environment, and 62% think it will provide more opportunities of employment. z As for the unfavorable impacts by the subproject, 11% of the respondents think their incomes will be reduced because of the land acquisition, 8% think house relocation will cause economic lost, 22% think construction activities will affect production and living, and 72% think that the Project will have no unfavorable impact. z When asked if they know about the policies on resettlement and compensation for land acquisition and resettlement, 89% of the respondents said "Yes", 9% said know "a little", and 2% said "No". z 91% of the surveyed households know how to appeal if their legal rights are aggrieved in the land

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acquisition and resettlement. The survey results about the public consultation on their attitudes and suggestions are presented in Table 11.1.

Table 11.1: Questionnaires of Fangzheng County ADB Financed Project

Results (%) Question Options of Response No (1) (2) (3) (4) (5) Do you know the Fangzheng (1) Yes(2)Not clear 1 dyke is to be constructed? (3)No 75 16 9 (1) Yes(2)No Support the Project or not? 2 (3)Indifferent 98 0.5 1.5

a) State(1)Yes(2)No 100 Who do you think will benefit from b) Collectivity(1)Yes(2)No 3 the Project? (Multiple choices) 100

c) Individuals(1)Yes(2)No 100 (1)Cause houses and properties lost What harm do you know is (2)Affect agricultural production caused by floods? (Multiple (3)Damage infrastructure 4 choices) 96 95 93 80 40 (4)Affect people's health (5)Affect investment conditions (1)No impact What degree did floods affect (2)Not severe 5 your living and production? (3)Severe 6 11 45 38 (4)Very severe (1)Protect securities of people and production (2)Increase agricultural production What benefits do you think you levels 6 can get from the Project? 94 93 85 62 (3)Improve living environment ( 4 ) Provide more opportunities of employment (1)No unfavorable impact (2)Construction will affect production and living What unfavorable impacts do you (3)Removal will cause economic lost 7 think the Project will bring to you? 72 22 8 11 (4)Economic incomes are likely to be reduced because of the land acquisition Do you know about the policies (1)Yes on resettlement and (2)A little 8 compensation for land acquisition 89 9 2 and removal? (3)No Do you know to appeal if you are (1)Yes aggrieved in the land acquisition 9 (2)No 91 9 and removal?

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12 COMPLAINT AND APPEAL The participation of affected persons will be always strengthened during the preparation and implementation of the Resettlement Plan. The Resettlement Plan and the Resettlement Information Booklet had been published and circulated completely in September 2008. Meanwhile, a transparent and effective procedure of grievance and appeal as follows will be established to avoid the occurrence of major grievances. Affected persons will be informed about the above grievance and appeal procedure through holding public meetings or other approaches to understand that they have the rights of grievance and appeal.

Stage 1 If any AP does not agree with compensation rate or rehabilitation measure, he/she can make a written or oral complain to Tianmen Township Government and Songnan Township Government. In case an oral complaint is made, it will be recorded in writing and resolved by local government within 2 weeks.

Stage 2

If the AP is dissatisfied with the resolution proposed in Stage 1, he/she can appeal to Fangzheng Project Office or Fangzheng Water Affairs Bureau after receiving the decision. A reply should be made by Fangzheng Project Office or Fangzheng Water Affairs Bureau to the appeal within 2 weeks.

Stage 3 In case the AP is still not satisfied with the revolution proposed in Stage 2, he/she can appeal to ADB Project Leading Group asking for administrative arbitration after receiving the decision of Fangzheng Project Office or Fangzheng Water Affairs Bureau. The arbitration institutions should make arbitral decision within 3 weeks.

Stage 4 In case the affected person is still not satisfied with the arbitral decision, he/she can appeal to the People Court in accordance with the Civil Procedure Act after receiving the administrative arbitration. The affected person can appeal any aspect of the resettlement including compensation.

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13 MONITORING In order to ensure implementation of the Resettlement Plan and accomplish the objectives to achieve appropriate resettlement successfully, monitoring and evaluation should be carried out for the implementation of resettlement in accordance with the requirement of the Operation Manual of Involuntary Resettlement of ADB. The monitoring is divided into two parts, the internal monitoring undertaken by the resettlement implementing agencies and the independent external monitoring by an independent monitoring agency. The internal monitoring is undertaken by ADB Project Leading Group, ADB Project Office, Water Affairs Bureau, Tianmen Township Governement, Yihantong Township Governement, and Songnan Township Government with the objectives to ensure all responsible entities to execute resettlement conforming to the principal and schedule of the Resettlement Plan and to keep super performance in the implementation. The independent monitoring and evaluation will be done by an independent external monitoring agency that will carry out regular monitoring and evaluation to the activities of resettlement. Changchun Songliao Reservoir Resettlement Development Training and Consultation Center is entrusted to undertake the external monitoring of the Project in respects of (i) operation efficiency of the resettlement institution, (ii) implementation schedule of resettlement, (iii) compensation and restoration for the permanent and temporary land acquisition and house relocation, and (iv) follow-up investigation and analysis to the standards of production and livings of the affected persons. This agency will undertake the external monitoring, being independent of Project Office, to inspect the whole implementation from an overall and long-term point of view. The external monitoring agency will track the resettlement activities of the Project to evaluate whether the implementation of resettlement (i) executes the national laws relative to resettlement, (ii) conforms to the Involuntary Resettlement Policy of ADB, and (iii) makes the standards of production and livings of the affected persons to be restored or increased. The external monitoring agency will put forward proposals to Project Office in time so that the problems occurred in the implementation of the resettlement can be solved as soon as possible. 13.1 Internal Monitoring and Inspecting The Project Office will set up an internal monitoring operation mechanism to examine the resettlement activities. All affected persons will be monitored, and an internal monitoring and examination will be carried out to the overall procedure of resettlement, using the Resettlement Plan and a baseline database of resettlement indices established by Project Office.

13.1.1 Implementation Procedure During implementation period, ADB Project Office will collect and record the information about resettlement and restoration of the persons affected by land acquisition, the villagers affected by temporary land acquisition and the persons affected by house removal, and will submit the actual records with the implementation schedules to Provincial Project Office in time to keep the continuity of the monitoring activities. In the above-mentioned monitoring procedure, information tables in an assigned format will be made out and submitted so that County Project Leading Group, Project Office, Water Affairs Bureau, Tianmen Township Government, Yihantong Township Government, and Songnan Township Government, as

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important components of the internal monitoring system, can make regular examination and verification.

13.1.2 Monitoring Contents z Land compensation fee paid to the affected persons and affected villages z Compensation and restoration for temporary land occupation z Compensation and relocation for house affected z Implementation Schedule of above activities z Implementation of the policies formulated for the Resettlement Plan z Affected persons' participation and consultation in the implementation z Personnel, training, working timetable and working efficiency of the resettlement implementing agencies

13.1.3 Personnel The personnel of the resettlement implementing agencies in charge of monitoring and data process are shown in Table 13.1.

Table 13.1: Personnel Engaged in Monitoring No Agency Full-time Personnel Persons in Rush Hours

1 Heilongjiang Provincial Project Office 1 2

2 Fangzheng County Project Office 2 4

3 Fangzheng County Water Affairs Bureau 1 2

Fangzheng County Land Resource Bureau 1 2

13.2 Independent Monitoring The external monitoring agency will carry out monitoring based on the detailed measurement survey by the resettlement implementing agency.

13.2.1 External Monitoring Agency Fangzheng County Project Office engaged Changchun Songliao Reservoir Resettlement Development Training and Consultation Center as the external monitoring agency of the Project. The agency has rich experience in resettlement, including resettlement policy, plan, design, implementation, monitoring, evaluation and management, and undertook many independent monitoring on resettlement for projects financed by ADB. The monitoring group is composed of four staff with abundant experiences of engineering resettlement and sociology. The outline of external monitoring and evaluation is presented in Enclosure 1.

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13.2.2 Responsibilities Changchun Songliao Reservoir Resettlement Development Training and Consultation Center will carry out follow-up monitoring and evaluation to the implementation of the Resettlement Plan and put forward consultative opinions for decision-making. The external monitoring agency will make site survey in the affected area for resettlement. The activities to be carried out by the agency include: 1) Baseline survey Changchun Songliao Reservoir Resettlement Development Training and Consultation Center will make a baseline survey to collect the indicators such as living standard, income and production, required for monitoring and evaluation of resettlement of the subproject among the affected villages, affected persons and households affected. The follow-up surveys of production and living standards of affected persons will be made once a year to track the variation of the standards of production and living of the affected persons. The necessary data can be acquired be follow-up survey on the sampled households randomly selected previously, informal interview and infield investigation. Statistic and analysis can be done based on the above data for the evaluation. 2) Regular Monitoring and Evaluation The external monitoring agency will make regular tracking monitoring once a year during the implementation of Resettlement Plan. The monitoring activities will be made as follows by in-situ investigation, follow-up survey of sampled households and informal interview of affected persons: z Payment of land compensation z Compensation for house relocation z Standards of affected persons’ living and production z Implementation progress of resettlement z Arrangement for resettlement organization 3) Public Consultation The external monitoring agency will participate in the public consultations during the preparation and implementation of Resettlement Plan, consequently to evaluate the quality and effectiveness of public participation. 4) Complaints The external monitoring agency will interview some institutions during monitoring, visit Project Office and other implementing agencies with complaints to get the information of resolutions to complaints from affected persons, and interview the affected persons who propose complaints, and make recommendations or suggestion for the existing issues to make the implementation of resettlement more effective.

13.2.3 Resettlement Procedures 1) Prepare the general outline of monitoring and evaluation. 2) Prepare outline of survey and questionnaires. 3) Design the survey program and determine sampled households.

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4) Baseline survey. 5) Establish monitoring and evaluation information system. 6) Monitoring surveys: Socio-economic survey of affected townships and villages; Monitoring resettlement implementing agencies; Follow-up survey on sampled households. 7) Establish database. 8) Making comparison and analysis. 9) Prepare monitoring and evaluation reports. 10) Submit monitoring and evaluation reports to Provincial Project Office and ADB.

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Enclosure 1: Independent External Monitoring and Evaluation Outline of Fangzheng County Songhua River Mainstream Dike. 1. Brief Introduction of the Project The project is an important subproject of Songhua River Flood Management Project. Proposed dike will protect 13 villages of Fangzheng County, a population of 22.5 thousand, area of 43 thousand mu of land, Moli Service Station, Moli Mineral Water Factory, Tong-San Speedway, Ha-Yi Gap Pipeline, several fiber cables for communication optical, and Yi-Han Ship Station. The flood management standard of Fangzheng County Songhua River Mainstream Dike Project is 1-in-20 year event, and the class of construction is 4. Main construction contents are: 1) Slope Protection: extend a length of 2.63 km slope protection, in which the slope protections in both sides of Grape Gate, Heiyupao Gate, and Xinglong Gate are all 30 m, and the total length of them is 0.18 km. Number of the other slope protections are 7+100~9+050 and 17+000~17+500, and the total length is 2.45 km. 2) Revetment: total length of revetment is 4.33 km, in which length of the Heihekou revetment is 2.0 km; the length of Demoli revetment is 2.0 km; the length of newly built revetment of Yihantong is 0.14 km; 0.19 km of primary revetment of Yihantong will be repaired. 3) Buildings: 2 new temporary drainage stations (Baiyupao Drainage Station and Grape Drainage Station). 4) The other outfit construction: forest terrace and protection forest, grass slope protection and road to the dike, etc. The project will be started in 2009, and it will be put into effect in 2010. At present, the flood management standard of Songhua River Dike in Fangzheng County is relatively low; flood management capability is also weak; and there are many weak constructions and weak parts in the dike, and all of them threaten lives and assets of the public and corporations, and they also affect the region on economic development. 2. Objectives of Monitoring and Evaluation According to the requirement of the Operation Manual of Involuntary Resettlement of ADB, the independent external monitoring and evaluation should be carried out for the resettlement of the Fangzheng County Songhua River Mainstream Dike Project. The monitoring and evaluation of the implementation of resettlement and land acquisition will include implementation progress, payment of compensation, administration of resettlement and land acquisition, analysis of change of affected persons’ production and living standards by comparing the income and expenditure before and after the land acquisition and resettlement, business restoration of the affected enterprises and shops. The annual external monitoring and evaluation reports should be submitted to ADB, Project Office and other relative authorities regularly with the required information and proposed recommendations to improve the resettlement activities. The external monitoring and evaluation report should assist ADB and the related administrative authorities to sufficiently understand whether the objectives of resettlement for land

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acquisition have been accomplished as scheduled with the expected quality, and the existing problems, if any, proposed recommendations or suggestion to improve the performance of resettlement implementation. 3. Contents of Resettlement Monitoring and Evaluation (1) Socio-economic survey: to obtain the socio-economic profile of affected townships and villages; (2) Monitoring on sampled households to be affected by land loss on payment of compensation of land and standing crops, employment, income restoration, etc; (3) Resettlement implementing agencies: capability and efficiency of the agencies; (4) Public participation: affected persons' participation in the preparation and implementation of the RP, and effectiveness of public participation (5) Grievance: operation mechanism and efficiency of grievance 4 Institutional Framework of Monitoring and Evaluation (1) An external monitor will be contracted by Project Office to take charge of the concrete surveys, data collection, and analysis, and will review the performance of resettlement. (2) The external monitor will organize a monitoring and evaluation group for the Fangzheng County Songhua River Mainstream Project Office. Under the direction of the officials from ADB, the group will be responsible for the monitoring and evaluation the resettlement activities, the preparation of the outline of monitoring and evaluation, the setup of monitoring spots, the in-situ survey and interior analysis work, and the preparation of the external monitoring and evaluation report. (3) The Project Office will provide support to the external monitor in respect of personnel, communications, etc. when the in-situ monitoring and investigation are in progress. 5. Measures of Resettlement Monitoring and Evaluation (1) Methods including site survey, calculation and analysis and experts' comprehensive judgment will be adopted for monitoring and evaluation. (2) The investigation will be done by linking work at selected spots with that in entire areas, in respects of the schedule, fund, institutions and administration of the implementation. Sample survey will be adapted to the affected persons, enterprises and ships. (3) The follow-up survey will be carried on sampled household, enterprises and shops, which will be randomly selected from the affected area. The sample will be 100% of residential households affected by house relocation, 20% by land loss, and 20% for the affected enterprises. (4) Carry out the comprehensive investigation by questionnaire, informal discussion or through looking up files and records. (5) Pay attention to collecting pictures, audio and visual data, and material objects data besides written data. 6. Technological Courses of Monitoring and Evaluation The details are presented in Figure 1.1.

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Project establishment

Prepare work outline of M& E

Prepare outline of survey, questionnaires, record cards of sample households and enterprises

Prepare plan for sample survey

Baseline survey

Establish a information management system for M&E

Survey

Socioeconomic survey M&E on resettlement agency M&E sample households M&E on sample village

Establish database for the information of M&E

Evaluation by comparison and analysis

Prepare M&E report

M&E is Finished or not

Submit the final report

7. Schedule of Monitoring and Evaluation z Establishing independent external monitoring and evaluation group and preparing detailed outline of monitoring and evaluation in September 2008.

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z Making preparation for the independent monitoring and evaluation in October 2008, including preparing questionnaire, establishing monitoring system, and selecting monitoring area and samples. z Carrying out the first monitoring activities in February 2009, and submitting the first monitoring and evaluation report in March 2009. z Carrying out the second monitoring and evaluation in June 2009, in the respects of resettlement schedule, quantity of resettlement, and compensation, and submitting the second monitoring and evaluation report in August 2009. z Carrying out the third monitoring and evaluation in December 2009, in respects of the resettlement activities and income restoration of affected persons by sample household survey, and submitting the third report in March 2010. z Carrying out the fourth monitoring and evaluation in December 2010, in respects of the resettlement activities and income restoration of affected persons by sampled household survey, and submit the monitoring and evaluation report in March 2011.

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Enclosure 2: Location of the Land Acquisition Caused by Fangzheng Dike Project

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Enclosure 3: Economic Survey of Affected Villages of Fangzheng County Project

Area Annual family income (CNY) Annual family expenditure (CNY) Area of Area of of No. of No. of No. of Cultivated main Seeds Water, Education Townships Householder Population homestead store- Animal Part-time Living laborers women disable land (mu) houses Total Planting Others Total Tax and electricity, & medical Others (m2) House husbandry job consumption (m2) fertilizer and fuel treatment (m2) Wang Yixue 4 2 2 21 700 80 31000 20000 11000 8800 1800 1700 600 4700 Wu Shuyu 5 1 3 40 1200 71 46000 40000 3000 3000 26400 3000 1700 12000 6500 3200 Gu Jun 3 1 1 24 3100 66 15700 13000 500 2200 8150 1400 300 2400 3200 850 Feng Jiacai 3 1 1 18.5 500 50 30 25000 18000 7000 8900 1500 500 3000 2200 1700 Xu Guangping 4 1 3 27 2000 82 17500 12500 3000 2000 7660 1560 500 1000 3100 1500 Pei Zhenshuang 4 1 2 10.5 500 70 23500 10000 8500 5000 12850 550 500 6500 5300 Wang Haijun 6 3 2 15 3000 70 30 23500 15500 8000 7550 1300 800 1800 3150 500 Li Guoyan 4 1 2 23 700 60 30 27500 22000 1500 3000 1000 11850 2000 700 3000 5150 1000 Li Songchen 4 2 10 500 60 13500 8000 1000 2000 2500 6430 580 500 1200 3650 500 Village of Jiao Xue 3 1 2 9 720 60 30 26000 5000 1000 20000 7720 320 800 2400 4200 Tianmen Township Wang Heming 2 1 13.5 1000 60 14500 13500 1000 5950 1000 400 1500 2350 700 Liu Fenglin 6 1 2 26 600 90 35 30300 26000 1000 2500 800 8350 1700 750 900 3500 1500 Zhu Xiaoxian 4 1 2 28 800 80 33000 28000 500 1500 3000 32000 2200 2000 26100 500 1200 Yang Baosen 3 1 1 13.5 1500 75 17500 6500 6000 5000 6600 750 400 1900 3100 450 Zhu Zhenxi 3 1 2 19 300 60 20 24500 20000 2000 2500 8650 1600 500 2300 3650 600 Shuai Shuanglu 4 1 2 16.5 1200 70 20 18700 15000 1500 2200 17250 1300 700 10300 4500 450 Wu Qiaogui 4 1 1 36 35500 33000 1000 1500 10600 2600 1200 1200 3500 2100 Wang Yishan 5 2 2 28.5 800 60 20 33000 28000 5000 14650 2800 2300 2000 6150 1400 Xing Weizhong 3 1 1 9.3 350 70 20000 10000 5000 1500 3500 13050 750 800 8000 3100 400 Demoli Gao Wengang 4 1 2 10 380 90 20000 11000 2000 5000 2000 10200 900 900 2400 4200 1800 Village of Jiang Zhongdong 4 2 2 8 270 90 30 21500 8500 3000 10000 8012 800 872 400 4200 1740 Yihantong Li Zhongxin 3 1 1 25 330 120 30 28000 25000 1500 1500 9629 3000 1354 700 3200 1375 Township Zhang Xianzhong 3 1 1 25 270 60 30 29500 25000 2500 2000 9475 2800 1400 700 3200 1375 Sun Cai 6 1 3 1 16 270 90 12900 6400 4500 2000 11080 1000 900 1700 6200 1280 Sun Limin 4 1 2 10 330 110 40 10000 8000 2000 7800 800 800 1200 4200 800

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Area Annual family income (CNY) Annual family expenditure (CNY) Area of Area of of No. of No. of No. of Cultivated main Seeds Water, Education Townships Householder Population homestead store- Animal Part-time Living laborers women disable land (mu) houses Total Planting Others Total Tax and electricity, & medical Others (m2) House husbandry job consumption (m2) fertilizer and fuel treatment (m2) Li Junjiang 3 1 1 5 300 90 8500 5000 3500 4200 500 700 400 2200 400 Li Junhai 5 1 3 9 300 96 40 10600 3600 2000 5000 8320 700 800 900 5200 720 Guo Jinxi 4 1 2 15 270 54 16700 14000 1800 900 8372 1000 772 1200 4200 1200 Wang Sikun 6 3 3 13 400 80 40 26000 13000 3000 10000 9105 1800 790 500 5300 715 Dong Jiquan 3 2 12.2 280 53 46 8600 5000 600 2000 1000 3950 800 500 350 2000 300 Wang Zhixin 3 1 2 23 300 50 18 22100 17000 600 3000 1500 7850 2500 950 500 3000 900 Xing Zhaoshun 5 2 4 0 250 48 44 23500 20000 3500 7760 1000 500 6260 Jing Qingjun 4 2 2 17 250 44 33 21000 14500 700 4000 1800 8457 1800 1072 350 4200 1035 Zhang Yuejun 4 1 3 23 600 60 30 31300 23000 800 2500 5000 10672 3000 1072 1900 3200 1500 Yan Shiqiang 4 2 1 9.7 320 56 21 13000 9000 4000 6500 900 1000 400 3200 1000 Zhang Peihua 5 2 2 6 280 80 40 14500 7000 700 4000 2800 9280 480 900 2500 4200 1200 Li Wenzhu 2 1 1 8 280 70 12500 8500 2000 2000 6900 800 900 1300 3000 900 Zhang Yi 2 1 11 300 70 17800 11000 800 6000 6100 1200 1000 300 2600 1000 Chen Ruyou 3 1 1 6 250 70 15000 5000 3000 7000 7080 700 1000 700 3200 1480 Wu Tong 6 1 5 1 17 900 96 42 25800 19000 3000 3800 10400 1700 1200 1800 4200 1500 Xiao Fudong 5 1 2 1 13 300 120 22500 13000 1500 2000 6000 9600 1500 1000 700 5200 1200 Yihantong Dong Jinping 4 2 2 26 300 70 30800 22000 800 4000 4000 13200 3200 1200 600 6200 2000 Township Hongqi Village of Su n Changjun 5 2 2 24 700 50 16900 12500 1400 3000 13700 3000 1000 5000 3500 1200 Soangnan Township

Fengchan Liu Hongjun 3 2 1 15 830 39 36 22000 15000 1000 1500 4500 15300 1900 700 1700 9000 2000 Village of Zhao Dechun 4 1 1 28 660 70 20 42500 22000 2500 18000 18250 4500 1250 2500 6000 4000 Songnan Zhang You 6 2 1 17 660 60 26 25200 19000 3000 1000 2200 14400 3000 700 1700 6500 2500 Township Liang Zhaohua 3 1 1 14 850 60 22200 15500 2500 1000 3200 19700 2000 500 10300 4500 2400

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