Songhua River Flood Management Sector Project

Resettlement Planning Document

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

Zhaoyuan County Dike Subproject, Heilongjiang Province

Under

People’s Republic of China: Songhua River Flood Management Sector Project

Prepared by Heilongjiang Provincial Water Conservancy and Hydropower Investigation, Design and Research Institute

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.

Resettlement Plan for Zhaoyuan County Dike Subproject

Approved by: Dai Chunsheng Liu Jiahai

Examined and Reviewed by: Zhang Ming

Person in charge: Liu Zhonghong

Participator: Liu Zhong Hong Mu Qiuxin Lan Chaochen Bai Zhongyi Zhang Yanlong Yuan Guoqiang Zhao Zhihui Zhang Dechen

Translated by: Zhang Dechen

MAJOR ABBREVIATION AND ACRONYMS

ADB Asian Development Bank BH Bureau of Hydrology CNY Chinese Yuan (Renminbi) EIA Environmental Impact Assessment EPB Environmental Protection Bureau EU Environmental Unit FMS Flood Management System GEF Global Environment Facility GIS Geographic Information System GIWP General Institute of Water Resources Design and Planning HQ Headquarters IRBM Integrated River Basin Management IEE Initial Environmental Evaluation MLR Ministry of Land and Resources MOA Ministry of Agriculture MOC Ministry of Construction MOF Ministry of Finance MoU Memorandum of Understanding MWR Ministry of Water Resources, PRC NIDRI Northeast Investigation, Design and Research Institute O&M Operation and Maintenance PIU Project Implementation Unit PLG Project Leading Group PMO Project Management Office PPTA Project Preparation Technical Assistance PRC People’s Republic of China RP Resettlement Plan RRP Report and Recommendation to the President SA Social Analysis SDPC State Development Planning Commission SEPA State Environmental Protection Administration SOFCDR State Office of Flood Control and Drought Relief SLRB Song-Liao River Basin SRB Songhua River Basin SWRC Songliao Water Resources Commission SWRPB Songliao Water Resources Protection Bureau TA Technical Assistance USD United States Dollars Y Chinese Yuan (Renminbi) Mu 1 mu=667m2 ha./ hm2 1 ha.=1hm2=15 mu=10000m2

Contents Executive Summary………………………..………………………………………….1

1 General Situation of the Project...... 4 1.1 Brief of the Project ...... 4 1.2 Affected and Benefited Areas...... 4 1.3 Measures for Reducing Impacts of the Project ...... 4 1.4 Design Process...... 5 1.5 Proprietorship and Institutional Framework of the Project ...... 5 1.6 Source of the Investment of Resettlement...... 6

2 Impacts of the Project...... 7 2.1 Permanent Land Acquisition ...... 7 2.2 Temporary Land Occupation...... 7 2.3 Affected Persons...... 8

3 Social Economic Survey...... 9 3.1 Social Economic Background Survey of Affected Areas...... 9 3.2 Sample Survey of Affected Households...... 10

4 Legal Framework...... 14 4.1 Legal Rationale ...... 14 4.2 Acquisition Authority and Compensation Nature...... 14 4.3 Legal and Administrative Procedures ...... 16 4.4 Regulations on Compensation...... 16 4.5 Legal Liabilities of Institutions ...... 19 4.6 ADB’s Resettlement Policy and Procedural Requirements...... 19

5 Compensation Policies and Standards...... 21 5.1 Compensation Standards...... 21 5.2 The Eligibilities and Entitlement of the Affected Persons (APs) ...... 21 5.3 Entitlement Matrix ...... 22

6 Resettlement and Restoration...... 22 6.1 Targets and Task ...... 24 6.2 Restoration Plan for Land Acquisition and Occupation...... 24 6.3 Restoration of Temporary Land Occupation...... 26

7 Cost Estimate ...... 27 7.1 Cost...... 27 7.2 Annual Investment Schedule ...... 28 7.3 Sources of Fund...... 28

8 Schedule of Resettlement Activities ...... 29 8.1 Linkage of Resettlement Schedule with Construction Schedule...... 29 8.2 Principle of Schedule Establishment...... 29

9 Institution ...... 31 9.1 Resettlement Implementing Agencies...... 31 9.2 Heilongjiang Provincial ADB Project Leading Group (HPLG) ...... 31 9.3 Institutional Framework Chart ...... 32 9.4 Institutional Qualification, Experience and Personnel...... 33 9.5 Measures for Improving the Institutional Capability ...... 33

10 Participation, Consultation and Disclosure ...... 35 10.1 Approach...... 35 10.3 Vulnerable Households...... 37 10.4 Public Participation during the Implementation of RP...... 37 10.5 Disclosure...... 38 10.6 Grievance and Appeal Procedure ...... 38

11 Monitoring ...... 39 11.1 Internal Monitoring ...... 39 11.2 External Monitoring and Evaluation ...... 39

Appendix: Zhaoyuan Dike Subproject Location and Land Acquisition Scope Map

Executive Summary

1. Brief of the Project

1. This project is a core subproject of interim adjustment for Songhua River Flood Control Management Sector Project loaned by ADB. The dike is located at the left bank of main Songhua River in Zhaoyuan County, 6.314km long, and protects 10 Towns(Townships), 219 villages, 245.5 thousand persons, 1.34 million mu land area in which there is 739.8 thousand mu of cultivated land. Meanwhile, it also protects Daqing City, Anda City and other counties to be safe.

2. The affected areas of Zhaoyuan County dike construction are mainly Youyi Village, Linjiang Village and Jiefang Village in Zhaoyuan Town, and Qianyongli Village and Mengkeli Village in Guqia Township.

3. To try to reduce land acquisition and resettlement, the original dike line is used to heighten and thicken in this project and dike should be heighten and thicken against water slope as can as possible. Local residential areas should be avoided and cultivated land will be used less. In order to rehabilitate the temporary occupied cultivated land, the depth of borrow is shallow.

2. Impacts of the Project

4. The permanent land acquisition of Zhaoyuan County Dike is totally 23.11ha, in which dry farmland is 5.04ha, 0.24ha of fish pond and 17.83ha of waste grassland. The temporary land occupation of Zhaoyuan County Dike is 20.49ha, which includes 20ha of dry farmland and 0.49ha of waste grassland. 5 households with 13 persons are affected by permanent land acquisition. 2 households with 14 persons are affected by temporary land occupation.

3. Socioeconomic Surveys

5. Social and economic development of Zhaoyuan County increased rapidly, and the living standard of people promoted every year. In 2007, the grain production yield was 672 thousand tons, total gross domestic production value was 3.62 billion yuan, in which the primary sector (agricultural) output value was 1.61 billion yuan, the secondary sector (industrial) output value was 1.14 billion yuan, and the tertiary sector (commercial) output value was 0.87 billion yuan. The gross domestic production value per capita was 7,785 yuan. In 2010, planned gross domestic production output value will reach 8.6 billion yuan, and gross domestic production value per capita will be 18,337 yuan.

6. There are 3 villages which are Jiefang Village, Youyi Village and Linjiang Villages in Zhaoyuan Town along the dike line. The 10,924 persons in these 3 villages mainly depend on agriculture, and the main products are corn, rice, etc. In 2007, the planted crop area was 806.87ha, in which the dry farm land area was 358.27ha and paddy land area was 448.60ha, and annual income per capita for the three villages was 4,160.67 yuan.

4. LEGAL FRAMEWORK

7. Major resettlement laws, policies and guidelines are presented as below.

8. Land Administrative Law of PRC; Land Administrative Act of Heilongjiang”(Starting on January 2000), issued by Heilongjiang Provincial Land and Resources Department; No. [2001] 355 of the Notice about the problems concerning

the land of hydraulic and hydroelectric power project issued by NLRM, State Economy and Trade Commission and Ministry of Water Resources; Involuntary Resettlement Policy of ADB (1995), and ADB Handbook on Involuntary Resettlement (1998).

5. Compensation Policies and Standards

9. Compensation for requisitioned of cultivated land shall be 10 times the average annual output value (AAOV) of the requisitioned land, calculated on the basis of three years preceding such requisitioned land, and the fee is 76,000 yuan per ha. Resettlement subsidies shall be 6 times AAOV, and the fee is 45,600 yuan per ha. The compensation fee shall be paid to the collective, and resettlement subsidies shall directly be paid to the affected farmers. Compensation fee for waste land is 15,200 yuan per ha, and it shall be paid to the village collectives. The compensation fee and resettlement subsidies for fish pond is 210,000 yuan/ha, and it shall directly be paid to the affected units. The compensation fee of dry farmland for temporary land occupation is 15,200 yuan per ha, and it shall be paid to the affected farmers.

6. Resettlement and Restoration

10. The households affected by permanent land acquisition will obtain resettlement subsidies directly, to improve their cultivating conditions. These subsidies will be used to (i) purchase automatic machines and fully realize fully their use, and deeply plough land, or (ii) in winter increase farm fertilize supplies to improve the soil nutrients and reach high output value, or (iii) dig wells to improve resistance of drought, and (iv) other related measures.

11. The affected period for the temporarily occupied land is one year. The temporarily acquired lands will be rehabilitated as soon as construction is finished, and the impact of land occupation will disappear.

7. Cost Estimate

12. The cost of land acquisition and resettlement is totally ￥2.0732 million. The project will be implemented within two years, and 40% of the total cost will be used in the first year and 60% of the total cost in the second year.

8. Schedule of Resettlement Activities

13. The permanent LAR of Zhaoyuan County Dike will be fully finished before construction starting. Preparatory work for LAR started in November 2008, and the LAR will be finished before construction commencement in May 2009.

9. Resettlement Institution

14. Zhaoyuan County ADB Project Leading Group (ZPLG) is comprised of leaders from Zhaoyuan County People’s Government, Zhaoyuan County Finance Bureau, Zhaoyuan Land Administration Bureau, Zhaoyuan Water Resources Bureau, affected Town (Township) and Villages. Its responsibility is to (i) strengthen coordination of the key project, (ii) ensure that LAR will be carried out conveniently, (iii) be charge of making policies, organizing and coordinating resettlement plan to be implemented for land acquisition, removal and resettlement activities, and (iv) carrying out internal monitoring.

10. Participation, Consultation, Grievance and Appeal Procedure

15. In order to establish relative policies, work out a good RP, minimize complaints and disputes, and accomplish the appropriate resettlement, a great deal of

efforts have been made on increasing participation and consultation by the APs during stages of preparation and implementation of the RP. In the stage of the project feasibility study, ZPO had asked local government, affected residents, local residents and the representative villagers affected by land acquisition for their suggestions, proposals and opinions on the schemes of construction, compensation and resettlement of the project. During implementation stage, every level resettlement institution and affected persons will directly take part in all resettlement activities.

16. In the process of preparing and implementing the Resettlement Plan, affected persons are encouraged to participate in the whole process. However, some problems may still occur. In order to timely resolve the problems effectively and ensure smooth implementation of the project construction and resettlement activities, an effective appeal procedure has been established for the project.

11. Monitoring

17. In order to ensure the successful implementation of the RP, monitoring and evaluation should be carried out for the implementation of LAR in accordance with the requirement of the Resettlement policy and procedures of ADB. The monitoring is divided into two parts: (i) the internal monitoring undertaken by the resettlement implementing agency and (ii) the external monitoring by an independent monitoring agency (IMA) which is Changchun Song-Liao Reservoir Area Resettlement Development Training and Consulting Centre.

I. GENERAL SITUATION OF THE PROJECT

1.1 Brief of the Project

18. The dike is 6.314km long, and it protects 10 Towns(Townships), 219 villages, 2.455 million persons in which there are 150 thousand persons of Towns(Townships), 1.34 million mu land area in which there is 739.8 thousand mu of cultivated land. Meanwhile, it also protects Daqing, Zhaozhou and Anda Cities to be safe.

19. Zhaoyuan County is located in the middle of Song-Nen Plain, 124°40′----125°45′E and45°22′----46°33′N, like a narrow strip from east to west. In the urban county, the ground is low and flat, and the southeast of the County is opposite to Jinlin Province separated by the Songhua River; and the northeast of the County is adjacent to Dumeng County, Daqing City and Zhaozhou County. The soil of the County consists of windy sand soil and acidic soil, and the soil is poor, but there is enough water along the Songhua River and grassland is wide. Zhaoyuan County is a commercial grain production base, and is one of the biggest grain production counties, which produces 1.1 billion kilogram every year.

20. Zhaoyuan Town is the political, economic, and culture center of Zhaoyuan County. Especially, after completion of new harbor of Zhaoyuan Town and the Nen River-Songhua River Bridge through vehicles, new Zhaoyuan Town Railway Station upgraded level, and highway, railway and water carriage formed, the advantage of Zhaoyuan traffic area will be raised, and it will be the important door of Southwest Heilongjiang, and it will only be the county where jointing the South and opening to the North in Heilongjiang Province, which is the golden-triple center consists of Daqing, Harbin and Changchun, and is an important regional county.

1.2 Affected and Benefited Areas

21. Zhaoyuan County Dike is located at the left bank of Zhaoyuan and Zhaozhou protection area, and the dike flood control standard is 50-year flood, Class II, protecting Nanbuyinnen which is a works intakes water from the Nen River, and Daqing Flood Control works and a part of Daqing Oil Field. Zhaoyuan County Dike connecting with other dikes protects Ming-Shen (from Mingshui County to Shenyang) High Way.

22. The affected areas of Zhaoyuan County dike construction are mainly Youyi Village, Linjiang Village and Jiefang Village in Zhaoyuan Town, and Mengkeli Village in Guqia Township.

23. The permanent land acquisition of Zhaoyuan County Dike is 23.11ha, including 5.04ha of dry farmland, 0.24ha of fish pond and 17.83ha of waste grassland.

24. The temporary land occupation of Zhaoyuan County Dike is 20.49ha, in which includes 20ha of temporary land occupation of borrow area that is all dry farmland, and 0.49ha of temporary construction land occupation that is all waste grassland.

1.3 Measures for Reducing Impacts of the Project

25. To try to reduce acquired land and resettlers, the old dike line is used to heighten and thicken in this project and dike should be heighten and thicken

against water slope as can as possible. Local residential areas should be avoided and cultivated land will be used less. In order to rehabilitate the temporary occupied cultivated land, the depth of borrow is shallow. Management facilities will be installed within the protected dike land as can as possible, and will not increase additional land (see Table 1.3-1).

Table 1.3-1 Comparison Table of Zhaoyuan Dike Permanent Land Acquisition, APs and Houses before and after Optimizing Design

Cultivated Land Population House Area

(ha.) (persons) (m2) Before 24.2 273 2400 optimizing design After 5.04 13 0 optimizing design Reduced cultivated land after optimizing 19.16 261 2400 design and APs

26. In order to reduce impacts on local residents due to construction, measures will be taken as follows in the design:

(i) Combing with local situation, feasible resettlement plan will be taken, reduce negative impacts due to construction, ensure local residents to keep original living standard or above; and

(ii) During the design stage and relocation, the affected collectives and affected persons will be consulted widely.

27. In order to reduce impacts on local residents due to construction, measures will be taken as follows during implementation:

(i) Founding high effective feedback channels, strengthening internal and external monitoring of resettlement relocation, ensuring to solve problems during implementation, local materials will be used firstly during construction, and local transportation will be used firstly if technique permits.

1.4 Design Process

28. In June 2001, Heilongjiang Provincial Water Conservancy and Hydropower Investigation Design and Research Institute (HWHRI) compiled The Feasibility Study Report of Main Songhua River Flood Control. In 2006, HWHRI compiled Zhaoyuan County Dike Feasibility Study Report of Main Songhua River Flood Control, which was examined and reviewed by Songliao Water Resources Commission administrated by Ministry of Water Resources in September 2006. In May 2007, the Preliminary Design was finished, and submitted to Song-Liao Water Committee of Ministry of Water Resources for review, and approved in September 2008.

1.5 Proprietorship and Institutional Framework of the Project

29. In January 2007, Zhaoyuan County Government established Zhaoyuan County ADB Project Leading Group (ZPLG). The governor of county is the director of the group; vice directors of the group are vice secretaries of the county and vice governors, members of the group are the director of County Land Bureau, the

director of County Economy Planning Bureau, the director of County Public Security Bureau, the director of County Water Resources Bureau, and the director of County Finance Bureau. The Project Leading Group takes the responsibilities of land acquisition, removal and resettlement, and together with the leaders of resettlement takes coordination and policy establishment, review the Resettlement Plan (RP) and examine the internal monitoring and evaluation.

30. Under Zhaoyuan County ADB Project Leading Group (ZPLG), there is an ADB project office. The office was set up in Zhaoyuan County Planning Commission. The director of the office is the director of Zhaoyuan County Planning Commission, and vice directors are the director of Zhaoyuan Water Resources Bureau and vice director of Zhaoyuan County Planning Commission. The staffs of the office are from the county Planning Commission, the county Land Bureau, and some technologists who master the technique from Zhaoyuan Water Resources Bureau. The office is in charge of land acquisition, resettlement, coordination, policy establishment and internal supervision.

31. The County government decided to make Zhaoyuan ADB Project Construction Management Department as a legal person unit, and the legal representative is the director of the County Water Resources Bureau, and the office is in Zhaoyuan County Water Resources Bureau. The Bureau is composed of Comprehensive Group, Financial Group, Engineering Group, Procurement Group, Environment and Resettlement Group, and Consulting Group.

1.6 Source of the Investment of Resettlement

32. The total cost of Zhaoyuan County Dike Subproject resettlement is ￥2.0732 million, and all of investment is financed by local government.

II. IMPACTS OF THE PROJECT

33. According to the project design and the requirements of the feasibility study report, one field survey was finished in September 2006. River Course Management Department of Zhaoyuan Water Resources Bureau, Zhaoyuan Planning Economy Bureau, and local affected government took part in the surveys. In July 2008, according to the idea of ADB specialists, mitigating affection due to land acquisition, the area of acquisition was optimized for Zhaoyuan County Dike, if the cultivated land is acquired, the dike protection land will not be considered, and land classification of land acquisition was checked confirmed in the field by Zhaoyuan County Water Resources Bureau, Zhaoyuan Water Course Management Department, and Zhaoyuan Land Bureau together with Heilongjiang Provincial Water Conservancy & Hydroelectric Investigation and Design and Research Institute.

2.1 Permanent Land Acquisition

34. The permanent land acquisition of Zhaoyuan County Dike is totally 23.11ha, in which dry farmland is 5.04ha, 0.24ha of fish pond and 17.83ha of waste grass land. Details are shown in Table 2.1-1.

Table 2.1-1 Statistics of Permanent Land Acquisition of Zhaoyuan County Dike Unit: ha Protectio Sum of permanent land Items n of the Project itself Items acquisition dike Waste Dry Waste Dry Waste Fish Sub- Fish Sub- Towns Villages grass farm grass farm grass pond total pond total land land land land land Zhaoyuan Youyi 3.17 3.17 3.17 0.00 3.17 Town Village Zhaoyuan Linjiang 9.89 6.09 6.09 0.00 15.98 15.98 Town Village Zhaoyuan Jiefang 1.85 1.87 1.87 1.87 1.85 3.72 Town Village Zhaoyuan Beer 0.24 0.24 0.24 0.24 Town Factory

Total 11.74 5.04 0.24 6.09 11.37 5.04 0.24 17.83 23.11

2.2 Temporary Land Occupation

35. The temporary land occupation of Zhaoyuan County Dike is 20.49ha, which includes 20ha of dry farmland and 0.49ha of waste grassland, 2 households with 14 persons are affected by temporary land occupation. Details are shown in Table 2.2-1.

Table 2.2-1 Statistics of Temporary Land Occupation of Zhaoyuan County Dike Unit: ha Temporary Total of Borrow occupation Items temporary areas for land construction Dry Grass Dry Grass Township Village Total farmland land farmland land Guqia Qianyongli 20 0.49 20 0.49 20.49 Township and Mengkeli Total 20.00 0.49 20.00 0.49 20.49

2.3 Affected Persons

36. In December 2008, according to the land acquisition scope of the Preliminary Design, the project impacts were resurveyed. All of Zhaoyuan permanent land acquisition is within the scope of 50m of existing dike toe lines, and the land is owned by local villages along the lines, but not as the 30-year contracted land, i.e. the land doesn’t enjoy the land subsidy from the State at present. The villages contracted the land to farmers every year, and used the agreement to ensure that the contracts will be finished when the land is requisitioned by Dike construction. Through the field investigation, there will be 5 households with 13 persons1 affected by permanent land acquisition.

37. In November 2008, through field investigation of property right of temporary land occupation, all temporary land lies on the outside of Dike line, which is on the side of the river course, and the land is owned by Qianyongli Village and Mekeli Village in Guqia Township. There is about 100 mu cultivated land in Mekeli Village and about 200 mu cultivated land in Qianyongli Village. These lands didn’t enjoy the land subsidy from the State, and the village committees contracted the land with their farmers to plant for various periods. Li Qinghai, in Mekeli Village, contracted 143 mu cultivated land, and the contract period was from January 1, 2005 to October 30, 2014. Chang Guo, in Qianyongli Village, contracted 270 mu cultivated land, and the contract period was from December 1, 2001 to December 2016. There will be 2 households with 14 persons affected by temporary land occupation. Details are shown in Table 2.3-1.

Table 2.3-1 Amount of Land Acquisition and Affected People Cultivated land Affected Towns Villages acquisitioned People (mu) (persons) 1. Permanent Land Acquisition Zhaoyuan Youyi 47.55 4 Town Village Zhaoyuan Jiefang 28.02 9 Town Village Subtotal 75.57 13 2. Temporary Land Use Guqia Qianyongli 200 8

1 Few persons are affected because many rural households in the village are being engaged in non-agriculture activities. The affected contracted lands (i.e., low-output farmlands along river) are leased to a few households that are mainly engaged in farming activities.

Township Village Guqia Mekeli 100 6 Township Village Subtotal 300 14 Total 375.57 27

III. SOCIAL ECONOMIC SURVEY

3.1 Social Economic Background Survey of Affected Areas

38. In order to understand the social economic background of the project area, along with comprehensive impact survey, a great deal of social economic data was collected and an overview of social economic background of the project region at all levels was provided.

3.1.1 Basic Information of Zhaoyuan County

(1) Climate

39. According to the statistics of many years' observation data from Zhaoyuan County Meteorological Bureau, average annual temperature is 4.2℃ . There is big difference during one year. It is the warmest in July in a year, and average temperature is 23.2℃℃ , and the highest temperature was 39.1 . It is the coldest in January and average temperature is -18.7℃ , and the lowest temperature is -37.2℃ . The maximum depth of frozen layer in Zhaoyuan County is 1.82m. The frostless period in a year lasts 151days. Average annual sunlight hours are 2755.

40. Average annual rainfall is about 406mm. There is a big difference of rainfall in a year round, and there was continuous rainy year or continuous low water year alternate phenomena. Rainfall doesn’t distributes normally in a year, and accounts for between 70% to 80% of that concentrates among June and September, in which rainfall of July and August accounts for above 50%.

41. Average annual evaporation which is observed by E601 evaporation machine is 950mm. It is driest and windiest in spring, and the evaporation is the biggest. Average annual wind speed is 4.5m/s. Maximum wind speed reached 27m/s. Average annual maximum wind speed of the flood season in June to September is 14.7m/s, and main wind is from the Southwest.

(2) Topography and Geology Introduction

42. In the project area, topography of the Northwest is high and the Southeast is low, and some landform is not flat. The landform is divided into accumulation Class I terrace and floodplain. There are ponds and wetland, small ox yoke lakes.

43. In this area, the sediment layer is Quaternary System loose accumulation layer, and the maximum depth is 15m, and mainly is sedimentary rock in Cretaceous System, alluvial in Pliocene and Pleistocene and Holocene series, and wind blown soil in Holocene series of Quaternary System.

(3) Social and Economic Introduction

44. Social and economic development of Zhaoyuan County increased rapidly,

and the living standard of people promoted every year. In 2007, the grain production yield was 672 thousand tons, total gross domestic production value was 3.62 billion yuan, in which the primary sector (agricultural) output value was 1.61 billion yuan, the secondary sector (industrial) output value was 1.14 billion yuan, and the tertiary sector (commercial) output value was 0.87 billion yuan. The gross domestic production value per capita was 7,785 yuan. In 2010, planned gross domestic production output value will reach 8.6 billion yuan, and gross domestic production value per capita will be 18,337 yuan. 3.1.2 Basic Information of Affected Towns or Townships

45. There are 3 villages which are Jiefang Village, Youyi Village and Linjiang Villages in Zhaoyuan Town along the dike line. The 10,924 persons in these 3 villages mainly depend on agriculture, and the main products are corn, rice, etc . In 2007, the planted crop area was 806.87ha, in which the dry farm land area was 358.27ha, and paddy land area was 448.6ha, and annual income per capita for the three villages was 4,160.67 yuan.

3.1.3 Basic Information of Affected Villages

46. Due to the construction of Zhaoyuan County Dike, permanent land acquisition and temporary land occupation will affect Jiefang Village, Youyi Village and Linjiang Village in Zhaoyuan Town, and Mengkeli Village in Guqia Township. The basic information of the affected villages is shown in Table 3.1-1.

Table 3.1-1 The Villages’ Basic Information Affected by Zhaoyuan County Dike Zhaoyuan Town Guqia Township Items Jiefang Youyi Linjiang Qianyongli Mengkeli Village Village Village Village Village Total cultivated land 316.67 357.4 132.8 954.8 520.8 area (ha) Total population Present 4845 3421 2658 3386 2673 (person) Situation in which：agricultural population 3274 2501 1230 3335 2673 (person) Cultivated Before land acquisition Land 0.10 0.14 0.11 0.29 0.19 (ha/person) Per capita2

3.2 Sample Survey of Affected Households

47. In January 2007, in order to investigate the affected persons, according to ADB related requirements, there were sample surveys in two villages affected by land acquisition in Zhaoyuan Town. Designed questionnaires were suitable to local situation. Investigators sent questionnaires to sampled households randomly, in the meanwhile, various indexes were inquired, and questionnaire tables were filled out, then registered and enrolled. The investigation was carried by River Course Management Department of Zhaoyuan Water Resources Bureau and Zhaoyuan Planning Economy Bureau, and together with affected townships. The investigated data includes the situation of population, information of economy, information of income, living standards, education and the affected households’ response to the project, etc.

2 The average land per capita is not so large. There is because most of the agricultural population is engaged in non-farming activities. The people who continue to specialize in farming have much larger areas of contract land.

48. In July 2008, according to the comments of ADB experts, land acquisition and occupation of Zhaoyuan Dike was optimized, and after optimization there are 5 affected households which were surveyed in January 2007; therefore, the sampling rate reached 100%. In November 2008, the 2 temporarily affected households were surveyed.

3.2.1 Population of Families

49. There were 27 persons in the sampled 7 households along the dike, in which 14 women, accounted for 52%; 18 laborers, accounted for 67%. There were 27 agricultural population, accounted for 100%; no disable persons; 4 schooling students, accounted for 15%.

3.2.2 Population Structure

50. The survey situation of age structures for in 4 villages was as follows. 2 persons below 8 year-old, accounted for 7%, 4 persons from 8 to 18 years old, accounted for 15%; 20 persons for 19 to 60 years old, accounted for 74%, and 1 persons above 60 year-old, accounted for 4%.

3.2.3 Education Levels

51. According to the survey, there were no illiterate persons, accounted for 0%, 2 persons were pre-school age, accounted for 8%, 9 persons for primary school level, accounted for 33%;and 16 persons for middle school level, accounted for 59%.

3.2.4 Households Management Situation

52. The sampled households contracted 56 mu of grain land in the villages, and 76 mu of temporarily contracted cultivated land, feeding 7 cows and 1 horse.

3.2.5 House Situation

53. In 7 surveyed households, homestead area was 2450 square meters (m2), construction area of houses was 653 m2, in which 653 m2 was brick-wood structure, accounted for 100%.

3.2.6 Annual Household Income and Expenditure

54. According to the 7 surveyed households, total annual income was ￥405,000, and average annual income was ￥57,875 per household, in which planting was￥385,000, accounted for 95% of annual income of household, and other by-product income was ￥20,000, accounted for 5% of annual income of household.

55. The annual expenditure of sampled households was ￥187,200, average annual expenditure of household was ￥ 26,743 per household, in which agricultural tax was 0 and collective remaining is 0, accounted for 0%; ￥32,800 was purchased seeds, accounted for 18% of annual expenditure of household; ￥78,900 was purchased pesticide and chemical fertilizer, accounted for 42% of annual expenditure; ￥ 11,200 was for transportation, electricity and

telecommunication, accounted for 6% of annual expenditure of household; ￥3,500 was for medical and health care, accounted for 2% of annual expenditure of household; ￥ 14,500 was for education, accounted for 8% of annual expenditure of household; ￥ 13,000 was for family commodity and service, accounted for 7% of annual expenditure of household; ￥ 22,000 was for machinery, accounted for 12% of annual expenditure of household; ￥2,500 was for fuel, accounted for 1% of annual expenditure of household; and ￥8,900 was for others, accounted for 5% of annual expenditure of household.

56. According to the analysis of income structure of survey, annual net income per capita for 27 persons of 7 sampled households was ￥10,085. mostly from planting. The by-product income of households was auxiliary status.

3.2.7 Information of sampled households

57. There will be 7 households affected. All households filled out surveyed tables. The basic information of survey households is as the table below., see Table 3.2-1.

Table 3.2-1The Basic Information of Sampled Households Statistics In Education Labor Disability No Names Sex Age Relationship school level or not or not or not Wang, Junior 1 M 53 Householder Yes No No Zhensheng school Senior Liu, Shuying F 50 Wife Yes No No school Primary 2 Li, Shulin M 56 Householder Yes No No school Primary Zhao,Qin F 56 Wife Yes No No school Senior 3 Wu,Baojun M 39 Householder Yes No No school Senior Ye,Hongling F 36 Wife Yes No No school Junior Wu,Chundong F 12 Daughter No No Yes school Junior 4 Sun, Yuanbo M 37 Householder Yes No No school Wang, Primary F 36 Wife Yes No No Mingfan school Sun, Junior M 15 Son No No Yes Pengxing school Sun, Primary 5 M 45 Householder Yes No No Yuanchun school Primary Lu,Shufeng F 43 Wife Yes No No school Junior Sun, Fuming M 18 Son Yes No No school Junior 6 Chang, Guo M 56 Householder Yes No No school Junior Song, Yulan F 56 Wife Yes No No school Chang, Junior M 30 Elder son Yes No No Jinlong school Daughter Junior Han, Shujie F 30 Yes No No -in-law school Wei, Daughter Junior F 27 Yes No No Shuanghui -in-law school Chang, Yihan F 5 Granddaughter No No No

Chang, Jingyi F 2 Granddaughter Primary 7 Li, Jinghai M 61 Householder No No No school Primary Li, Shurong F 58 Wife No No No school Junior Li, Xiangping F 30 Daughter Yes No No school Daughter Primary Shen, Peijing F 40 Yes No No -in-law school Senior Li, Jiaxin F 19 Granddaughter No No Yes school Primary Li, Jiacheng M 12 Grandson No No Yes school Note: Households No.1 to No.5 are affected by permanent land acquisition, and households No.6 to No.7 are affected by temporary land occupation.

IV. LEGAL FRAMEWORK

4.1 Legal Rationale

58. Major laws and policies from China and ADB accordance for the land acquisition, demolition, removal and resettlement of the Project are presented as below.

4.1.1 National Laws and Regulations

1) Land Administrative Law of PRC 2) Land Administrative Act of Implementing of PRC 3) Hydraulic sector’s standards of PRC of SL 290-2003: Land Acquisition and Resettlement Design Specification of Hydraulic and Hydroelectric Power Project Construction. 4) No. [2001] 355 of the Notice about the problems concerning the land of hydraulic and hydroelectric power project issued by NLRM, State Economy and Trade Commission and Ministry of Water Resources. 5) A Notice about Announcement of Charge on Partial Items in Land Administrative System, Jiafeizi (1992) No. 597 document, issued by State Commodity Price Bureau and State Ministry of Finance 6) Land Administrative Act of Heilongjiang”(Starting on January 2000), issued by Heilongjiang Provincial Land and Resources Department 7) A Notice about Announcing to Cities and Counties on the Standards of Land Average Annual Yield Value, Heituzifa(2000) No.36 document, issued by Heilongjiang Provincial Land and Resources and Commodity Price Bureau 8) The State Council No.28 [2004] document of Decisions About Deeply Reforming Land Management Strictly.

4.1.2 Policies of Asian Development Ban

1) Resettlement Handbook of ADB (1998) 2) Involuntary Resettlement Policy of ADB (1995).

4.2 Acquisition Authority and Compensation Nature

4.2.1 Key Articles of Related laws and Regulations

1) Adopted at the 16th Meeting of the Standing Committee of the Sixth National People’s Congress on June 25, 1986, amended in accordance with the Decision on Revising the Land Administration Law of the People’s Republic of China made by the Standing Committee of the Seventh National People’s Congress at it 5th Meeting held on December 29, 1988, and revised at the 4th Meeting of the Standing Committee of the Ninth National People’s Congress on August 29, 1998, and it shall go into effect as of January1, 1999.

Article 2: The People’s Republic of China practices socialist public ownership of land, namely, ownership by the whole people and collective ownership by the working people. No units or individual may encroach on land or illegally transfer it through buying, selling or other means. However, the right to the use of land may be transferred in accordance with law.

Article 8 Land in the urban areas of cities is owned by the State. Land in rural and suburban areas is owned by peasant collectives, except for those portions of land

which belong to the State as provided for by law; house sites and private lots of cropland and hilly land are owned by peasant collectives.

Article 44 Where land for agriculture is to be used for construction purposes, the formalities of examination and approval shall be gone through for the conversion of use.

Where land for agriculture is to be converted to land for the construction of road, pipeline or large infrastructure projects, for which approval has been obtained from people’s governments of provinces, autonomous regions and municipalities directly under the Central Government, or for the construction of projects for which approval has been obtained from the State Council.

Where land for agriculture is to be converted to land for construction of projects in order to carry out the overall plan for land utilization within the limits of area of land fixed in the plan for construction projects of cities, villages or towns, the conversion of use of land shall, in accordance with the annual plan for land utilization, be subject to approval in batches by the organ that originally approved the overall plan for land utilization. Land to be used for construction of specific projects within the limits of the area of land for agriculture, conversion of the use of which has been approved, may be subject to approval by people’s governments of cities or counties.

Article 58 under any of the following circumstances, the land administ6ration department of the people’s government concerned may, with the approval of the people’s government that has originally approved the use of land or that possesses the approval authority, take back the right to the use of the State-owned land. (1) The land is needed for the benefits of the public; (2) The use of the land needs to be readjusted for renovating the old urban area according to city planning;

2) No. GUOTUZIFA [2001] 355 of the Notice about the problems concerning the land of hydraulic and hydroelectric power project.

Article 3: on compensation and resettlement relocation

(i) After the implementation of the new Land Administration Law ( as effective of 1January 1999), resettlement relocation and construction in dam area or reservoir area and special facilities, water conservancy and hydropower project legal person should apply for construction land which involves rural collective cultivated land, the compensation rate and resettlement subsidies should obey the regulations of the new Land Administration Law; for other types’ land, compensation and resettlement subsidies standards, and attachments on ground and standing crop compensation standards should carry out according to local province standards, or municipality standards. Compensation of resettlement relocation construction should obey the principal of the original scale, original standard and restoring original function.

3) Land Administration Regulations of Heilongjiang Province

Land Administration Regulations of Heilongjiang Province put into practice effective as of January 1, 2000.

Article 23: In case the construction land acquisition involves transforming agricultural land to construction land, the agricultural land transformation

procedures should be transacted for approval in accordance with Article 44 of the Land Administration Law of PRC, and etc.

Article 24: The approval authority to acquire land collectively owned by the peasantry includes as follows: i) Acquiring cultivated land except for basic farmland less than 35 hm2 or other land less than 70 hm2 should be approved by the provincial government and submitted to the State Council for keeping the record. ii) Acquiring basic farm land or other cultivated land except for basic land or other land with the area exceeding the limit regulated in Item i) of this article should be reported to the State Council for approval.

In case the State legally acquires the collectively owned land, the acquired entities or individuals must surrender the land on time without any hindrance.

4.3 Legal and Administrative Procedures

1) Land Administration Law of PRC

Article 46: Incase the State will acquire land, the land acquisition should be publicized by bulletin and organized to execute by the governments above county-level. The owner or the user of the acquired land should go to the land administration authorities of local government for the registration of the land acquisition compensation holding the land title certificate within the allotted time in the bulletin.

2) Land Administration Regulations of Heilongjiang Province

Article 25: In case of 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 records.

In case the State major construction projects, military establishment, the trans-province construction projects and other construction projects assigned by the State Council will acquire the unused state-owner land regulated by the general planning of land utility, the land acquisition should be approved by the State Council.

4.4 Regulations on Compensation

1) Land Administration Law of PRC

Article 47: Land requisitioned shall be compensated for on the basis of its original purpose of use.

Compensation for requisitioned cultivated land shall include compensation for land, resettlement subsides and compensation for attachments and young crops on the requisitioned land. Compensation for requisitioned of cultivated land shall be 6 to 10 times the average annual output value of the requisitioned land, calculated on the basis of three years preceding such requisitioned land. Resettlement subsidies

for requisitioned cultivated land shall be calculated according to the agricultural population needing to be resettled. The agricultural population needing to be resettled shall be calculated by dividing the area of requisitioned cultivated land by the average area of the original cultivated land per person of the unit the land of which is requisitioned. The standard resettlement subsidies to be divided among members of the agricultural population needing resettlement shall be 4 to 6 times the average annual output value of requisitioned cultivated land calculated basis of three years preceding such requisition. However, the maximum resettlement subsidies for each hectare of the requisitioned cultivated land shall not exceed 15 times its average annual output value calculated on the basis of three years preceding such requisition.

Rates of land compensation and resettlement subsidies for requisition of other types of land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government with reference to the rates of compensation and resettlement subsidies for requisition of cultivated land.

Rates of compensation for attachments and young crops on requisitioned land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government.

For requisition of vegetable plots in city suburbs, the land users shall pay towards a development and construction fund for new vegetable plots in accordance with the relevant regulations of the State.

If land compensation and resettlement subsidies paid in accordance with the provisions of the second paragraph in this Article are still insufficient to enable the peasants needing resettlement to maintain their original living standards, the resettlement subsidies may be increased upon approval by people’s governments of provinces, autonomous regions and municipalities directly under the Central Government, However, the total land compensation and resettlement subsidies shall not exceed 30 times the average annual output value of the requisitioned land calculated on the basis of three years preceding such requisition.

The State Council may, in light of the level of social and economic development and under special circumstances, raise the rates of land compensation and resettlement subsidies for requisition of cultivated land.

2) Land Administration Regulations of Heilongjiang Province

Article 27: Land compensation fee for the acquired land shall be paid in accordance with following standards: i) The land compensation fee for the acquired cultivated land is 6 to 10 times of the average annual yield of the land in the previous 3 years before land acquisition. ii) The land compensation fee for homestead or country village enterprises is 4 times of the average annual yield of the land in the previous 3 years before land acquisition. iii) The land compensation fee for new below 3 years cultivated land is 2 times of the average annual yield of the land of the last year, and compensating the development fee.

iv)The land compensation fee for unused land and which unused cultivated land of 4 years continuous or more but less than 10 years is 2 times of the average annual yield of dry farmland. v) The compensation fee for the acquired fish pond is 3 times of the average annual yield of the fish pond in the previous 3 years before fish pond acquisition. vi) The compensation fee for the acquired garden land, herd grass land and reed land is 6 times of its local annual yield. vii) The compensation fee foe the acquired forest land is in accordance with the regulations of the State.

Article 28: Resettlement subsidy for the acquired cultivated land shall be paid in accordance with following standards: i)The resettlement subsidy for the acquired cultivated land is 4 to 6 times of the average annual yield of the land in the previous 3 years before land acquisition. The calculation of the average annual yield in the previous 3 years before land acquisition conforms to Article 27.1.1.

3) The State Council No.28 [2004] document of Decisions about Deeply Reforming Land Management Strictly

Most strict executing of land management system is determined by the situation which has more people and less land in our country, and also carry out the idea of scientific development and ensure meeting the demand of economic society to be sustainable development.

I. Strictly implement land management laws and regulations

(1) Everyone needs to have solid understanding of land law regulations;

(3) Strictly execute the compensation standard of cultivated land acquisition. Approved cultivated land acquired by various kinds of non-agricultural construction, the construction units need to supplement the quantity and quality equivalent cultivated land. Supplementing cultivated land quantity and quality will be calculated by grades. Prevent occupying more but supplying less and preventing occupied good but supply bad land. If they cannot supply by themselves, they must pay cultivated land reclamation fee according to regulations of provinces, autonomous regions, administered centrally municipalities.

II Strengthen land use general planning, urban general planning, villages and townships’ planning to implement and manage.

(11) Strictly protect basic farmland. Farmland is a foundation of ensuring national food supplies to be safe. General used land planning compiling must ensure present basic farmland quantity does not decrease and quality does not reduce, etc.

III Perfect land acquisition compensation and resettlement systems

IV. Soundly make land saving use and benefits distribution system

(12) Perfect methods of land acquisition. County level or above governments need to take measures, and ensure farms’ living standard do not decline due to land acquisition. To ensure payment is enough and in time for land compensation fee and resettlement subsidies, auxiliary structures and standing crop compensation fee. In accordance with present laws and regulations, pay land compensation cost, resettlement subsidies, etc. Total of land compensation fee and resettlement subsidies need to reach the top limit, etc. Governments of provinces, autonomous regions and centrally administered municipalities need to make and publish uniform annual yield standard or area comprehensive price for varieties of cities and counties. Land compensation should be the same price at the same place. Compensation standards and resettlement methods for large-medium water conservancy, hydroelectric engineering construction will be regulated by the State Council, etc.

4.5 Legal Liabilities of Institutions

1) Land Administration Law of PRC (1998)

Article 66 Land administration departments of the people’s governments at or above the county level shall supervise and inspect violations of the laws and regulations governing land administration. Supervisors and inspectors for land administration shall be familiar with the laws and regulations governing land administration and they shall be devoted to their duties and impartial in enforcing laws.

Article 70: In case the land administration authorities above county level find out the illegal activities of some national functionaries in the supervision and inspection, treatment should be legally given to those who ought to be dealt with administrative sanction. In case the authorities have not been authorized to deal with the matters, they should submit a proposal of administrative sanction to the administrative supervision department of the governments of same or superior level and the relative administrative supervision department should deal with the matters legally.

Article 77: In case any one embezzles or diverts the compensation costs or other relative fees and constitutes guilty, he/ she will be legally prosecuted for his/her criminal responsibility; in case not constituting guilty, he/she will be dealt with administrative sanction legally.

4.6 ADB’s Resettlement Policy and Procedural Requirements i) Resettlement should be avoided from taking place as far as possible: ii) If resettlement can’t be avoided APs should be minimized by feasible alternatives and RPs should be prepared for those displaced. iii) 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. iv) The affected persons should be immediately informed of and consulted on resettlement and compensation option. v) Resettlement should be an integral part of project design to be planed and executed. The costs of resettlement subsidies and compensation should be included in the Project.

vi) Much attention should be given to the participation of persons with correlative benefits in the preparation and execution of the RP. vii) A smooth grievance mechanism should be established. viii) Completely issue the resettlement plan and relocation policies, and ix) The living standard of affected persons should reach the original living standard or above after the completion of construction, and raise their income or keep original.

V. COMPENSATION POLICIES AND STANDARDS

59. The resettlement policies of the Project are formulated by relative the laws and regulations on resettlement established by the People’s Republic of China, Heilongjiang Provincial Government and Asian Development Bank. In order to ensure the policies to be consistent with resettlement goals, the following policies and compensation standards are only suitable to Zhaoyuan County Dike.

5.1 Compensation Standards

5.1.1 Compensation for Permanent Land Acquisition

60. Compensation standard of permanent land acquisition for Zhaoyuan County Dike is as following Table 5.1-1.

Table 5.1-1 Compensation Standard for Permanent Land Acquisition Types of Unit Numbers of Compensation Items Unit Land Price Multiple Standard Dry Farmland yuan/ha 7600 16 121600 Waste yuan/ha 7600 2 15200 Grass Land Permanent Land Fish pond yuan/ha 35000 6 210000 Acquisition Reclamation Fee of yuan/ha 5000 1 5000 Cultivated

5.1.2 Compensation Standards for Temporary Land Occupation

61. Compensation standard of temporary land occupation for Zhaoyuan County Dike is as following Table 5.1-2.

Table 5.1-2 Compensation Standard for Temporary Occupation Land yuan/ ha Numbers of Compensation Items Unit Price Multiple Standard

Dry Farmland 7,600 2 15,200

Rehabilitation 20,000 1 20,000 Fee

5.2 The Eligibilities and Entitlement of the Affected Persons (APs)

5.2.1 Permanent Land Acquisition

62. Land compensation standards are provided in accordance with Table 5.1-1. Compensation fee will compensate collectives, and resettlement subsidy will directly be paid to the affected farmers or collectives.

5.2.2 Temporary Land Occupation

63. In accordance with Table 5.1-2, compensation fee of temporary land occupation for standing crop will be paid directly to the affected households.

5.3 Entitlement Matrix

64. See Tables 5.3-1, 5.3-2, and 5.3-3 for details of entitlements..

Table 5.3-1 Entitlement Matrix Impact Types Impact Entitlement Standards i) Obtain land compensation fee Land compensation : Dry farmland: 76,000 yuan/ha; 3 Villages Waste grass land: 15,200 yuan/ha;

i) Get resettlement subsidy Resettlement subsidy: Dry directly, which is used to (a) farmland: 45,600 yuan/ha purchase automatic machines, Collective to realize fully to use automatic Land machines, and deeply plough Acquisition land or (b) in winter increase 5 Affected farm fertilize supplies to improve Households the soil nutrients to reach high output value, or (c) dig wells to improve resistance of drought for land, or (d) other measures. ii) Have priority to contract the reserved lands in the village. Get compensation and resettlement Compensation fee and subsidy pay directly. resettlement subsidy of fish Permanent pond: 210,000 yuan /ha. County Beer Land Factory Acquisition

Get compensation of standing Standing crop crops compensation: dry land:

Temporary 15,200 yuan/ha. 2 Affected Land Households Occupation

Table 5.3-2 of Compensation and resettlement subsidies for Zhuanyuan Dike Affected units How to use 24.09×104 yuan of cultivated land compensation will be paid to the Village Youyi Village Collective; and 14.46 ×104 yuan of resettlement subsidies will be paid to the affected villagers. 24.29×104 yuan of waste land compensation will be paid to the Village Linjiang Village Collective. 14.21×104 yuan of cultivated land compensation will be paid to the Village Collective; 8.53×104 yuan of resettlement subsidies will be paid to the affected Jiefang Village villagers; and 2.81×104 yuan of waste land compensation will be paid to the Village Collective. County Beer 5.04×104 yuan of fishpond land compensation and resettlement subsidies will Factory be paid to the County Beer Factory.

Table 5.3-3 of Resettlement Subsidies Distribution for Zhaoyuan Dike Subproject Names of affected Resettlement subsidies In which village householders (Yuan) Wang, Zhenlin 133,608 Youyi Vilage Li, Shulin 12,312 Youyi Village Wu, Baojun 59,280 Jiefang Village Sun,Yuanbo 12,312 Jiefang Village Sun,Yuanchun 12,312 Jiefang Village Chang Guo 202,667 Qianyongli Village Li, Qinghai 101,333 Mengkeli Total 533,824

VI. Resettlement and Restoration

6.1 Targets and Task

65. Resettlement relocation of the project includes these contents as follows:

(i) Ensure net income per capita of the affected residents restore original standard before relocation; and

(ii) Ensure production condition of the affected households to reach or exceed that of before production relocation.

66. According to the project situation, resettlement relocation task for Zhaoyuan County Dike is mainly 23.11ha of permanent land acquisition and 20.49ha of temporary land occupation.

6.2 Restoration Plan for Land Acquisition and Occupation

6.2.1 Restoration Plan for Permanent Land Acquisition

67. The total length of Zhaoyuan County Dike which is strengthened is 6.314km. Permanent land acquisition is 23.11ha, in which there is 5.04ha of cultivated land.

68. Due to the dike line is the direct line, the acquired cultivated land accounted for small proportion of total cultivated land, and the permanent acquired land and temporary occupied land is not the 30-year-contract cultivated land and the affected villagers can choose cash for compensation, and every village has reserved land to use, therefore, and the affected villagers also can choose reserved land to contract. It is no problem for the affected villages allocate reserved cultivated land to the affected households, or pay cash compensation if the affected household so choose.

69. In Youyi Village, there are 4 affected persons 3.17ha (equivalent to 47.55 mu) of permanent land acquisition, in which accounts for 0.92% of that 344.07ha (equivalent to 5161mu) of total cultivated land, and there is 27.07ha of reserved land, and the reserved land can be used to provide replacement land to the affected households. The affected persons can choose this way for allocation.

70. In Jiefang Village, there are 9 affected persons, 1.87ha (equivalent to 28.05mu) permanent land acquisition, in which accounts for 0.59% of that 316.67ha (equivalent to 4750mu) of total cultivated land, and there is 9.6ha of reserved land, and the reserved land can be used to provide replacement land to the affected households. The analysis of project impacts affected by permanent land acquisition is shown as Table 6.2-1.

Table 6.2-1 Analysis of Project Impacts Affected by Permanent Land Acquisition Zhaoyuan Town

Youyi Jiefang Items Total Village Village Total area of cultivated land 344.07 316.67 660.74 (ha) Present Total population (person) 3421 4845 8266 situation in which: agricultural pop 2501 3274 5775 in which: laborers 1700 2800 4500 Acquired area (ha) 3.17 1.87 5.04 Project Persons affected by land 4 9 13 impacts acquisition (person) Rural laborers (person) 4 7 11 Cultivated land (%) 0.92 0.59 0.76 Degrees Affected persons (%) 0.12 0.19 0.16 of impacts Laborers (%) 0.24 0.25 0.24 Before land acquisition Cultivated 2.06 1.45 1.72 (ha/person) land per After land acquisition capita 2.04 1.44 1.70 (ha/person)

71. From the above table, there is 5.04ha cultivated land acquisition in the 2 villages, accounts for 0.76% of total cultivated land. There is 1.72mu per capita of cultivated land in the 2 villages before land acquisition, and 1.70mu per capita of cultivated after land acquisition, 1.16% of per capita of cultivated land decreased after land acquisition. There are 13 affected persons, accounts for 0.16% of total population of the two affected villages, in which there are 11 labourers and accounts for 0.24% of total laborers in the 2 villages. See Table 6.2-2 for the affected households’ land area statistics.

Table 6.2-2 Statistics of Land for the Affected Households Unit: mu 30-year- Short-term Requisitioned Names contracted contracted Remark land land area land area Wang, Zhenlin 44 25 25 The permanent land Li, Shulin 4 4 4 acquisition Wu, Baojun 20 15 15 temporarily land Sun, Yuanbo 4 4 4 occupation are all Sun, Yuanchun 4 4 4 short- term contracted Chang, Guo 14.5 270 200 land with Villages Li, Qinghai 9 143 100

72. From the Table 6.2-2, we know that every affected household owns both 30-year contracted land and short-term contracted land, and all the land are short-term land requisitioned.

73. There will be limited impact on the households affected by the project, but in order not to reduce their living standards of affected households, two economic income restoration schemes are proposed.

74. Scheme One is that compensation fee will be directly paid to Villages Committees. The affected households may obtain cultivated land from their villages’ reserved, which is equivalent to that of land acquisition... The villages obtain compensation fee to improve infrastructure of their villages such as restoring roads,

irrigation and drainage works, etc. and improve farmers’ production conditions and their living environment.

75. Scheme Two is that the affected households will be compensated directly, according to the degree affected by land acquisition, may obtain full cash compensation and use subsidies to (i) purchase automatic machines and realize fully to use automatic machines, and deeply plough land or (ii) in winter increase farm fertilize supplies to improve the soil nutrients to reach high output value, or (iii) dig wells to improve resistance of drought for land, or (iv) other measures. In addition, the APs will have priority to contract the reserved lands in the village.

76. After Consulted with the affected farmers, two schemes may be adopted. Through investigation in July 2008, every affected household wanted to carry out the Scheme Two. In addition to resettlement subsidy, the income restoration for APs that are mainly engaged in farming will eventually rely on the replaced lands, which can be obtained through unofficial transferring market or contracting the reserved lands in the village.

6.2.2 Restoration of Temporary Land Occupation

77. There will be 20.49ha temporary land occupation during construction of Zhaoyuan county Dike, in which there is 20ha of cultivated land and 0.49ha of waste grass land.

78. The affected period for the temporarily occupied land is one year, and restoration will be carried out. The temporary period is one year, and compensation fee will be paid by 2 times of average annual output value (AAOV) of occupying period, so the negative impact on the 2 affected households due to temporary land occupation will be fully addressed by adequate compensation. The temporarily acquired lands will be rehabilitated as soon as construction is finished, and the impact of land occupation will disappear.

6.2.3 Technical Training for Affected Persons

79. In November 2008, Zhaoyuan County ADB Project Office (ZPO) consulted with Zhaoyuan County Agricultural Machinery Department and Agricultural Department, who sponsor agricultural machinery and agricultural technical training every year, and the affected persons can take part in these trainings freely, without any charge for them. The technical training mainly has the following two aspects.

80. For machinery, experts on agricultural machines will give them training to drive farm machines and teach them use and repairing technology, to ensure they properly plant and obtain better yields.

81. For agriculture, experts from the County’s Agricultural Technical Promotion Centre will train the affected farmers. Textbooks will be given to help teach various crop planting techniques, and to make them master agricultural technology. Through better planting, fertilizing, and irrigating, grain output will reach higher value and stability. Meanwhile, using learned techniques and knowledge will lead other farmers to improve cultivated conditions and obtain much economic benefit, and ensure they get stable income and improve their environment.

VII. COST ESTIMATE

7.1 Cost

82. The total cost in the project includes the cost of the land acquisition and resettlement. Based on the price in 2008, the cost of land acquisition and resettlement is totally ￥2.0732 million. The cost of land acquisition and resettlement compensation is shown in Table 7.1-1.

Table 7.1-1 Calculation Table of Resettlement Cost of Zhaoyuan County Dike Subproject

Unit Total No. Items Unit Quantity Price （104 Yuan）（Yuan） Part I: Rural resettlement 164.43 compensation Compensation fee and 一 resettlement subsidies for land 164.43 acquisition (一) Permanent land acquisition 94.03 Land acquisition of the dike and [1] 23.11 94.03 management scope (1) Cultivated land ha 5.28 61.29

Dry farmland ha 5.04 121600 61.29

(2) Fish pond ha 0.24 210000 5.04

(3) Waste grass land ha 17.83 15200 27.10

(4) Compensation of trees tree 200 30 0.60 Compensation fee for (二) temporary ha 70.40 land occupation Compensation fee for [1] 30.40 temporary land occupation Compensation fee(dry farm land) ha 20.00 15200 30.40 for borrow areas Rehabilitation fee for [2] ha 20.00 20000 40.00 temporary land occupation Subtotal 164.43

Part II: Other cost 12.33 Cost of Investigation, Planning & 1 164.43 0.03 4.93 Design Research（Part I） Implementation management 2 cost 164.43 0.03 4.93 （Part I） Technical training cost3 3 （Part I） Supervision monitoring and 4 164.43 0.015 2.47 evaluation cost（Part I） Total of from Part I to Part II 176.76

Part III Contingency cost 26.51

Physical contingency cost 176.76 0.15 26.51

Part IV Related taxes 4.05

3 The technical training will be financed by various departments of county government.

Unit Total No. Items Unit Quantity Price （104 Yuan）（Yuan） Reclamation fee of ha 5.28 5000.00 2.64 cultivated land Management cost of 94.03 0.015 1.41 land acquisition 104 Total cost 207.32 Yuan

7.2 Annual Investment Schedule

83. According to the implementing planning arrangement of the project, construction period is two years, and most funds will be paid before construction starting. Annual investment of resettlement is as following Table 7.2-1.

Table 7.2-1 Annual Investment of Resettlement Schedule Year 2008 2009 Total Investment 82.93 124.39 207.32 （104yuan） Proportion（%） 40 60 100

7.3 Sources of Fund

84. According to arrangement of schedule, ￥2.0732 million of all investment is financed by Chinese government.

VIII. SCHEDULE OF RESETTLEMENT ACTIVITIES

8.1 Linkage of Resettlement Schedule with Construction Schedule

8.1.1 Management of Construction Period of Zhaoyuan County Dike

85. According to the feature of the subproject and opinions of construction unit and the review and comments of the Feasibility Design Report, the construction period is two years. The construction may base on the importance, quantities and complication of the dike, but the quality should meet the design standard, and one part of the dike construction will not exceed two years.

8.1.2 Linkage of the Resettlement Schedule and the Construction Schedule

86. The principles to arrange the resettlement and the construction schedule are described as:

z The schedule of LAR should be linked with that of the construction of the Project. z The schedule of land occupation will be determined in accordance with the starting time of the project construction. z The land acquisition in the RP should be finished one month before the Project begins to use land. The beginning time will be determined in accordance with the demand of LAR.

87. The permanent LAR of Zhaoyuan County Dike will be fully finished before construction starting, i.e. from started preparation work of LAR in November 2008, and the LAR would be finished before May 2009. Temporary land occupation will be finished before March 2009.

8.2 Principle of Schedule Establishment

88. The implementation of the LAR will start after the Project passes the evaluation of ADB, and the schedule will be established in accordance with the following principles:

(1) The scope of land acquisition will be determined in accordance with the design drawing or each component of the dike works before starting material measurement and calculation needed by land acquisition;

(2) The agreement on compensation and resettlement should be signed before the plan of the material measurement and calculation according to the red line of land acquisition between the ZPO and owners of the properties;

(3) ZPO will organize a conference of all affected communities, households, and work units to publicize the policies on land acquisition, compensation and resettlement. The conference will be held before the compensation and resettlement agreement is signed. After the conference, an announcement about land acquisition will be issued.

(4) The agreement on compensation and resettlement should be signed between the project office and affected parties after the material measurement and calculation and after issuance of the announcement about land acquisition;

(5) The compensation fee for loss of 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 parties is signed and before the implementation of land acquisition.

8.3 Schedule of Resettlement Allocation Activities

Schedule of land acquisition and resettlement activities is as follows:

Table 8.2-1: Schedule of Land Acquisition, Demolition and Removal of the Project No Items Schedule 1 Preparatory works 2006.3～2008.12 2 ZPO called concerned persons together 2006.4～2006.5 3 Determining the scope of land acquisition 2006.8～2006.9、2008.5～2008.8 Preparation and survey of object data of 4 2006.8～2006.9、2008.5～2008.8 land acquisition 5 Survey of social economy 2006.8～2006.9、2008.5～2008.8 Consultation and decision of 6 2006.9～2006.10、2008.6～2008.9 resettlement policies 7 Compiling RP 2006.11～2007.2、2008.8～2008.10 8 Announcement of resettlement 2008.7～2008.11 9 Land requisitioned, resettlement allocation 2008.10～2009.5 10 Detailed survey of object indexes 2008.7～2008.9 11 Compensation date disclosed 2008.9～2008.11 12 Compensation fee payments 2008.12~2009.5 13 Project construction 2008.11~2009.12 14 Determined M&E agency 2006.8 15 Implementing M&E 2008.11~2009.12

IX. INSTITUTION

9.1 Resettlement Implementing Agencies

89. In the implementation of the Project, the agencies responsible for the planning administration, implementation and monitoring of the resettlement include:

(1)Heilongjiang Province ADB Project Leading Group (HPLG) (2)Zhaoyuan County ADB Project Leading Group (ZPLG) (3)Zhaoyuan County ADB Project Office (ZPO) (4)Zhaoyuan County Land Administration Bureau (ZLAB) (5)Zhaoyuan County Financial Bureau (ZFB) (6)Zhaoyuan County Water Resource Bureau (ZWRB) (7)Affected Town and Township (ATT) (8)Affected Villages Committees (AVC) (9)Heilongjiang Provincial Water Conservancy Hydropower Investigation Design and Research Institute (HWCI) (10) Independent Monitoring and Evaluation Agency

9.2 Heilongjiang Provincial ADB Project Leading Group (HPLG)

90. Heilongjiang Provincial ADB Project Leading Group (HPLG):It is a leading group established with the vice governor of the province, as the chief headman, and Provincial Development and Reforming Planning Commission (PDPC), Provincial Finance Bureau(PFB), Provincial Water Resources Bureau (PWRB), Provincial Auditing Bureau(PAB), Heilongjiang Provincial Land Administration Bureau (HPLAB) and Heilongjiang Provincial Environment Protection Bureau (HEPB) as the members. Under the HPLG there is an office which is Provincial Project Office.

91. Zhaoyuan County ADB Project Leading Group (ZPLG): A leading group was established. The governor of county is the director of the groups, vice directors of the groups are vice secretaries of the county, and vice governors of the county. Members of the group are the director of County Planning Commission, the director of County Finance Bureau, the director of County Water Resources Bureau, the director of County Public Security Bureau, the director of County Land Bureau. The ZPLG will be responsible for the leading organization, coordination, policies establishment, approval of the RP and implementation of internal monitoring, and makes related decisions.

92. Zhaoyuan ADB Financed Projects Office (ZPO): An office was set up under the leading group of Zhaoyuan government. The office was set up in the Zhaoyuan County Development and Reforming Planning Commission. The director of the office is the director of Zhaoyuan County Development and Reforming Planning Commission, and vice directors are the director of Zhaoyuan Water Resources Bureau and vice director of Zhaoyuan County Development and Reforming Planning Commission, The staffs of the office are from the county Planning Commission, the county Finance Bureau, the county Water Resources Bureau, technologists from the above Bureaus who master the technique respectively. The main responsibility of the Project Office is to carry out and implement the decisions of Leading group: review the project implementation scheme in phase; monitor the implementation of the project; inspect and find the problems during the construction of projects and provide the efficient solutions; organize public participating activities; coordinate and organize the resettlement

scheme and participate in preparing resettlement plan; apply the licenses of land usage for planning and those for construction; implement the RP; sign the agreements on LAR with the APs and entities to be removed under the assistances of local governments; Inspect the implementation of the resettlement; manage the information about LAR activities; and deal with the conflicts and problems produced in the implementation; deal with dissensions and grievances about removal and execute coordination and administrative arbitration ; report to the HPLG on performances of LAR.

93. Zhaoyuan Land Administration Bureau (ZLAB): Be responsible for transacting the procedures of land acquisition and temporary occupation and participate in the confirmation, implementation of the land of the land compensation policies, issuing land-using plan and construction license, advertising notice of land acquisition, coordination and monitoring the implementation of land acquisition and resettlement.

94. Affected Towns and Townships (ATT): Assist the ZPO to coordinate issues relating to the land acquisition. It is also responsible for socioeconomic survey taking part in establishment of RP and Resettlement Scheme, monitoring and examining resettlement relocation and restoring production and living conditions, and reporting the opinions and recommendations to superior organization.

95. Affected Village Committees (AVC): Assist the ZPO to accomplish tasks related to the land acquisition and resettlement.

96. Heilongjiang Provincial Water Conservancy Hydroelectric Investigation Design and Research Institute (HWCI): Be responsible for the project design and the scope determination for the land acquisition.

97. Independent Monitoring and Evaluation Agency (IMEA): Be responsible for the external monitoring and evaluation of LAR.

9.3 Institutional Framework Chart

HPLG

ZPLG

Survey ZPO ZLAB Monitoring Ag ency Agency

ATT

AV C

Affected Households

9.4 Institutional Qualification, Experience and Personnel

98. The Project Leading Group is composed of the governor of the County as the chief headman and the leaders of the relative administration authorities. The members have accumulated abundant experiences in a great many municipal works relative to LAR before. Because of coming from government organizations or various administration authorities, they can play well their roles of organization and coordination in LAR. The other institutions participating in the implementation are all composed of personnel owning abundant experiences on project management.

99. The resettlement implementing agencies are all well manned with high-quality staff. The staff has wide range of technical background and rich experience in resettlement implementation.

9.5 Measures for Improving the Institutional Capability

100. The following measures will be adopted to strengthen the institutional capacity for resettlement implementation. They include:

A. The personnel in all ranks of organs will consist of special technical personnel and administrative management personnel, they must have higher specialty level and management nature; B. Organizing the main working staff to participate in resettlement training in order to enable them understand resettlement policies and the relevant requirements of ADB. C. Supplying enough funds and equipment for the project; D. Setting up a database, strengthening information feedback, keeping communication open among all ranks of institutions. The leading group will settle the important matters. E. Strengthening the report system, strengthening the internal monitoring and supervision and resolve problems in time; and F. Setting up external monitoring and evaluation system and early warning system.

9.5.1 Training the Staff

101. Continue to organize trainings for the staff engaged in LAR in respects of the resettlement policies of ADB, laws about land acquisition, cases analysis and simulation training, costs control and resources allocation to improve their professional quality and policy dealing skills.

9.5.2 Investigating ADB Projects

102. The ZPO will organize the personnel who are engaged in the concrete resettlement work to go to investigate other projects financed from ADB to find out and study the resettlement policies and the concrete implementation methods of the projects.

9.5.3 Setting up Rational Mechanism to Strengthen Implementation

103. Provide full guarantee in respects of funds and equipment to increase working efficiency, divide labors and work rationally, and set up and perfect a system of awards and penalizations for the personnel engaged in LAR to mobilize their initiatives.

9.5.4 Establishing Resettlement Management Information System (MIS)

104. Set up a MIS of LAR, manage the data concerned using computers, enhance information feedback and ensure information be transmitted smoothly between the top staff and the bottom staff to let the ZPLG make decisions on major issues.

9.5.5 Reinforcing Internal and External Monitoring

105. Enhance the report system and internal monitoring and solve the problem, if any, in time. In addition, the monitoring and evaluation that should be enhanced through the independent monitoring and evaluation agency should point out the existing problems to the relevant authorities in time with the resolution proposals.

X. PARTICIPATION, CONSULTATION AND DISCLOSURE

10.1 Approach

106. In order to establish relative policies, work out a good RP, minimize complaints and disputes, and accomplish the appropriate resettlement, a great deal of efforts have been made on increase participation and consultation by the APs during stages of preparation and implementation of the RP. In the stage of the project feasibility study, ZPO had asked local government, affected residents, local residents and the representative villagers affected by land acquisition for their suggestions, proposals and opinions on the schemes of construction, compensation and resettlement of the project.

10.2 Consultation during Project Preparation

10.2.1 Socio-economic Survey

107. The project statistics survey and social economic survey was carried out in September 2008. Led by the project design institute and Zhaoyuan Water Resources Bureau and Zhaoyuan Planning Economy Bureau with participation of local governments, a comprehensive social economic survey of the project area was conducted. One part of the survey is to collect secondary data from Zhaoyuan County statistical yearbook of 2007, which provide an overview on Zhaoyuan County and affected areas in terms of economic, demographic, geographic and social infrastructure status. The other part of survey is to carry out large-scale field investigation, which focused on options of APs.

108. January 2007, Zhaoyuan ADB Financed Projects Office (ZPO), River Course Management Department administrated by Zhaoyuan Water Resources Bureau, and Zhaoyuan Planning Economy Bureau formulated an investigation group, which carried out a sampled survey about public opinions and suggestions. After optimizing the design in July 2008, 5 households will be affected, who were fully investigated through socioeconomic survey, and in November 2008, the two households affected by temporary land occupation were also surveyed. The survey results are shown as follows: (1) 86％ knew the Project was to be constructed, no sampled households didn't know, and 14％ were not clear about it; (2) 100％ approved the Project, and no sampled households were indifferent; (3) 100％ thought the Project favorable to the State, 100% thought the Project favorable to the collectives, and 100% thought the Project favorable to individuals; (4) The sampled people had profound knowledge on the impacts and harms to be caused by floods. 100% thought floods could "cause houses and properties lost", 100% "degrade residential condition”, 100% thought “ affect city image for flowing population”, 100% thought “ affect local residents’ health”, and 100% "affect investment conditions"; (5) When asked what degree did floods affect their living and production, 60％ of the respondents said "very severe", 40％ said "severe", and no people said "not severe" or said "no impact"; (6) 100% thought the Project would protect the securities of people and properties, 29% thought it would increase agricultural production levels, 29％ thought it would improve living environment, and 29％ thought it would provide more opportunities of employment. (7) As for the unfavorable impacts of the Project, 100％ of the surveyed

households thought “no impacts”, no sampled households thought the construction would affect their production and living, no sampled households thought “move causes economic loss”, and no sampled households thought “unfavorable impacts”; (8) When asked if they knew about the policies on resettlement and compensation for land acquisition and removal, 0％ of the respondents said "Yes", 57％ said knew "a little", and 47％ said "No". (9) 100% of the surveyed households knew how to appeal if their legal rights were aggrieved in the land acquisition and removal.

109. The survey results are presented in Table 10.2-1.

Table 10.2-1 A Questionnaire of Public Knowledge and Attitudes towards the Project Conclusion (%) No Question Response (1) (2) (3) (4) (5) 1 Do you know the dike is to (1) Yes（2）Not clear be constructed? （3）Not know 86 14

2 Approve of the Project？ (1) Yes（2）No 100 100 100 （3）Indifferent 3 Who do you think will a) State（1）Yes（2）No 100 benefit from the Project? b) Collectives（1）Yes（2）No (Multiple choices) 100 c) Individuals（1）Yes（2）No 100 4 What harm do you know is （1）Cause houses and properties loss caused by floods? (Multiple 100 choices) （2）Degrade residential condition 100

（3）Affect city image 100 （4）Affect people's health 100 （5）Affect investment conditions 100 5 What degree did floods （1）No impact affect your living and （2）Not severe 40 60 production？（3）Severe （4）Very severe 6 What benefits do you think （1）Protect securities of people and you can get from the properties Project? （2）Increase agricultural production levels 100 29 29 29 （3）Improve living environment （4）Provide more opportunities of employment 7 What unfavorable impacts （1）No unfavorable impact do you think the Project will （2）Construction will affect production and bring to you? living 100 （3）Removal will cause economic loss （4）Other unfavorable impact 8 Do you know about the （1）Yes policies on resettlement （2）A little 57 43 and compensation for land （3）No acquisition and removal? 9 Do you know to appeal if （1）Yes you are aggrieved in the （2）No 100 land acquisition and removal?

10.2.2 Activity for Public Participation

110. In the subsequent resettlement activities, the public participation and consultation will be encouraged through following procedures and measures.

1) Consultation Meetings

111. Before land acquisition, symposiums will be held with the participations of affected local residents, village cadres and female representatives to collect their opinions and suggestions.

2) Public Meetings

112. Before the implementation of RP, public meetings should be held to explain relative policies, laws, compensation standards and resettlement schemes to the affected people so that they can make knowledge and arrangement early.

3) Participation of Village cadres and Resettlers in Land Acquisition and Resettlement

113. During implementation, village cadres and the resettlement representatives together with ZPO and other relative authorities will participate in on-site investigation and final determination of the quantity of land acquisition and in the consultation about compensation standards and resettlement scheme. Villages Commission organizes consultation meetings, to determine land adjustment schemes, land compensation fee to be used schemes, land compensation fee to be invested and distribute benefits schemes.

10.3 Vulnerable Households

114. Through Survey, vulnerable households have not been found among affected households. If the vulnerable households are found during implementation, the vulnerable households will be given the following help to reduce the impact to them by the project.

10.4 Public Participation during the Implementation of RP

115. During the implementation of the project, the affected persons often take part in the implementation. Methods of participation are mainly as follows.

1) Before implementing the RP, the affected people and affected units should be completely informed of the policies and schedule of the RP;

2) Compensation standards are connecting with interest of the affected persons. Before LAR, the related relocation institution will sign agreements with affected persons for compensation of houses. Policies will be issued before signing the agreements. According to relocation type, compensation fees belong to village collectives or be paid to individuals, any units or people should not intercept or embezzle the payments.

3) There will be some impacts due to the project construction. Ensuring the affected persons to obtain benefits from the project construction, the affected persons will be encouraged to take part in construction.

10.5 Disclosure

116. In September 2008, ZPO disclosed the newest resettlement and compensation policies to all affected households, who all agreed compensation policies and standards.

117. The Resettlement Plan would be submitted to ADB in Beijing in Mach 2007 (ADB Beijing Mission). According to the approval of ADB, this RP was distributed to the affected Towns or Townships so that the affected people could evaluate and examine the RP; affected households agreed to compensation policies and standards.

10.6 Grievance and Appeal Procedure

118. In the process of preparing and implementing the Resettlement Plan, affected persons are encouraged to participate in the whole process. However, some problems may still occur. In order to timely resolve the problems effectively and ensure smooth implementation of the project construction and resettlement activities, an effective appeal procedure will be established for the project. The concrete process is as follows:

Stage 1: If any relocatee does not agree with the RP or its implementation, he/she can lodge a written or oral complaint to Township Government or Village Relocation Group. In case an oral complaint is made, it will be recorded on paper and resolved by Village Committee, and the Village committee should respond within 2 weeks.

Stage 2: If the relocatee is dissatisfied with the resolution of Stage 1, he/she can appeal to ZPO after receiving the decision from Township Government or Village Committee. A reply should be made by ZPO to the appeal within 2 weeks.

Stage 3: In case the relocatee is still not satisfied with the solution of Stage 2, he/she can appeal to the Civil People Court in accordance with the Administration Appeal Procedure Act.

119. The above appeal procedure will be informed to the affected people in order to enable them to understand their rights. The disclosure of such information will be achieved through various means, including resettlement information booklet, public meetings and posters. The project Resettlement Office will review all complains made during resettlement implementation and make necessary responses after consultations with all ranks of local governments.

11 MONITORING

120. In order to ensure the successful implementation of the RP, monitoring and evaluation should be carried out for the implementation of LAR in accordance with the requirement of the Resettlement policy and procedures of ADB. The monitoring is divided into two parts, the internal monitoring undertaken by the resettlement implementing agency and the independent external monitoring by an independent monitoring agency (IMA).

11.1 Internal Monitoring

121. Zhaoyuan ADB Project Office has set up an internal monitoring operation mechanism to examine activities of resettlement. The Office set up a resettlement database for the project and use the results to make an activity schedule to monitor entire process of internal examining of land acquisition.

11.1.1 Implementation Procedure

122. During the implementation, Zhaoyuan ADB Project Office(ZPO) collect and record the information of impact of permanent land acquisition, temporary land occupation and restoration of relocation, and continually submit the activity record to Heilongjiang Provincial ADB Project Office(HPO), so that keep monitoring activities continuous and report implementation schedule. Through filling forms, submitting standard information forms, it is composed of internal monitoring part that Heilongjiang ADB Leading Group, Zhaoyuan ADB Leading Group, Zhaoyuan ADB Office, Zhaoyuan Land Administration Bureau, affected villages, affected townships. Specified check and auditing will be carried out.

11.1.2 Contents of Internal Monitoring z Land compensation fees are paid to the affected villages, and affected households; z Compensation and restoration for temporary land occupation; z The above activities schedule; z Regulated policies of the RP; z Public participation in the RP during implementation; and z Institutional staff, training, work schedule and effectiveness.

11.1.3 Institutions and Staff

123. On the staffing for resettlement institutions is shown in Table12-1.

Table 12.1 Staff of Implementing Institution Person Peak Period No. Institution Full-time Staff Staff Heilongjiang Provincial ADB Project Leading Group 1 1 2 (HPLG) Zhaoyuan County ADB Project Leading Group 2 1 2 (ZPLG) 3 Zhaoyuan County ADB Project Office(ZPO) 2 4 4 Zhaoyuan Land Administration Bureau(ZLB) 1 2

11.2 External Monitoring and Evaluation

124. An independent monitoring and evaluation agency will monitor the activities of resettlement on base of data collected.

11.2.1 Independent Monitoring and Evaluation Institution

125. ZPO will entrust a qualified agency as the independent resettlement monitoring and evaluation agency. The selected agency should have extensive experience in social economic survey, resettlement planning, and resettlement monitoring and evaluation. The staff of the selected institutions should have social science background particularly have experience in ADB or World Bank funded projects.

11.2.2 Responsibility

126. Independent monitoring and evaluation agency will monitor and evaluate the implementing activities of resettlement and submit the decision-making of final consultation.

127. Independent monitoring and evaluation agency will investigate the field site of resettlement, and conduct the resettlement plan to be written and collect the additional data of social economy, and will have these activities as follows: i) Basic Survey

128. Independent monitoring and evaluation agency will independently monitor and evaluate the basic survey that affects households’ production and living and income level to obtain necessary related data. Production and living level survey will carry our once a year in order to track the change of production and living level. Typical samples survey will be tracked which is sampled randomly, random visiting and watching on site, and necessary data will be obtained. Sampling analysis will be on the base of the collected data, carried out statistic analysis, and evaluation will be performed. ii) Periodic Monitoring and Evaluation

129. During the implementing of the RP, independent monitoring and evaluation agency will carry out twice a year and once a year lasting at least two years after its completion, through watching on site, sampled households tracking and random visiting to monitor and evaluate the following activities:

z Payment and amount of permanent land acquisition compensation fee; z Resettlement production and living levels; z The implementation schedule of the RP; and z Resettlement relocation institution. iii) Public Consultation

130. Independent monitoring and evaluation agency (IMA) will take part in the public consultation meetings of working out and implementing the resettlement plan. Through taking part in public consultation meetings, independent monitoring and evaluation agency will evaluate the results of the meetings which the public takes part in. iv) Problems of Complaints

131. The IMA will interview some institution during monitoring activities, and will go deep into Zhaoyuan ADB Project Office (ZPO) and other implementing agencies which can resolve complaints to enquire the transaction of complaints, and will meet the APs who have complaints. Aiming at the existing problems, the IMA will put forward measures and suggestions to make the implementation of resettlement more effectively.

11.2.3 Basic Steps

1) Working out the TOR for monitoring and evaluation; 2) Working out the TOR for survey, and survey tables; 3) Survey scheme of sampling, determining typical affected households; 4) Basic investigation; 5) Establishing monitoring and evaluation information system; 6) Monitoring investigation; 7) Data process of monitoring and establish database; 8) Compare and analyze; 9) Compiling the report of monitoring and evaluation.

Appendix: Zhaoyuan Dike Subproject location and land acquisition scope map.

z138+146

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