Resettlement Planning Document

Resettlement Plan Document Stage: Final Project Number: 37641 August 2005

People’s Republic of China: Flood Management Sector Project, Hunan Province, Leiyang City

Prepared by Hunan Project Management Office of Hilly Region Urban Flood Control Projects

Utilizing ADB Loans Hydro and Power Design Institute of Hunan Province & Ministry of Water

Resources.

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.

Approval: Wu Shengping

Check: Liu Chongshun

Examination: Guan Yaohui

Proofer: Yu Bo

Compiler: Zhang Tao Zhao Gengqiang Liu Yiwei

Main Designers: Zhang Tao Zhao Gengqiang

Liu Yiwei Guan Yaohui

Su Minghang Ren Ning

Yu Bo Fan Jianyang

Chen Junyan

Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Contents

General Objectives of Resettlement Plan & Definition of Resettlement Terminology...... 1

Summary of Resettlement Plan for Leiyang Urban Flood Protection Subproject...... 3

1. General Description of Project ...... 9 1.1 Project Background...... 9 1.2 Project Description...... 11 1.2.1 Areal Geographic Location...... 11 1.2.2 Construction Scale and Content of Project...... 11 1.2.3 Project Investment Estimation and Planned Progress...... 11 1.2.4 Socioeconomic Benefit of Project...... 11 1.3 Project Affected Area ...... 12 1.4 Compilation of Resettlement Plan...... 13 1.4.1 Basis and Objective for Report Compilation...... 13 1.4.2 Method of Report Compilation...... 14

2. Project Impacts ...... 15 2.1 Measures for Avoiding or Reducing to the Minimum the Land Acquisition and Relocation Impacts ...... 15 2.1.1 Measures for Reducing the Land Acquisition Impacts in Project Design Phase...... 15 2.1.2 Measures for Reducing the Impact due to Land Acquisition in Project Construction...... 18 2.2 Investigation on Project Impacts ...... 19 2.2.1 Investigation Contents...... 19 2.2.2 Investigation Method ...... 19 2.3 Investigation Results on Project Impacts...... 20 2.3.1 Land Affected by Project ...... 23 2.3.2 Affected Population Due to Project...... 24 2.3.3 Houses and Auxiliary Facilities to be Demolished ...... 27 2.3.4 Scattered Trees...... 29 2.3.5 Affected Individuals Engaged in Small-scale Business ...... 30 2.3.6 Affected Enterprises and Institutions ...... 31

i Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

2.3.7 Affected Special Facilities by the Project...... 32 2.3.8 Affected Cultural Relics and Vulnerable Groups Due to Project...... 32 2.4 Impact Analysis of Project...... 33 2.4.1 Project Impact Characteristics...... 33 2.4.2 Impact Analysis Evaluation...... 33

3. Natural and Socio-Economic Conditions of the Project-Affected Areas ...... 35 3.1 Natural Conditions of the Project-Affected Areas...... 35 3.2 Socio-Economic Conditions in the Affected Areas of Project ...... 36 3.3 Socio-Economic Conditions of (Sub-districts) and Villages in the Affected Areas of the Project...... 41 3.4 Basic Conditions of Relocatees...... 43 3.4.1 Investigation Objectives...... 43 3.4.2 Investigation Content...... 43 3.4.3 Investigation Method and Procedure...... 44 3.4.4 Investigation Results and Analysis ...... 45 3.5 Social and Economic Effects for Resettlement to the Affected Population...... 49

4. Legal Framework and Policy...... 51 4.1 Main Chinese Laws & Regulations and Policies for Resettlement ...... 51 4.1.1 Policy Bases...... 51 4.1.2 Relevant Laws and Regulations ...... 52 4.2 Relevant Articles of the ADB...... 63 4.2.1 Policy Bases...... 63 4.2.2 Relevant Policies and Regulations ...... 63 4.3 Compensation Standards for Project ...... 64 4.3.1 Compensation Qualification...... 64 4.3.2 Compensation Principle...... 65 4.3.3 Compensation Reference and Standard for Land Acquisition ...... 67 4.3.4 Demolition Compensation Reference and Standards for Residential House and Auxiliaries76 4.3.5 Compensation Reference and Standards for Affected Individuals Engaged in Small-scale Business...... 79 4.3.6 Compensation Reference and Standard for Affected Enterprises and Institutions ...... 79 4.3.7 Compensation Reference and Standard of Special Facility Affected by the Project...... 82

ii Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

4.4 Table of Entitlement Matrix...... 88

5. Resettlement and Rehabilitation Measures...... 94 5.1 Rehabilitation Objective ...... 94 5.2 General Scheme of Rehabilitation...... 94 5.3 Plan for Livelihood Rehabilitation...... 95 5.3.1 Choice of Rehabilitation Method...... 95 5.3.2 Principle and Procedure of Selecting Resettlement Sites...... 95 5.3.3 Planning of Demolition and Housing...... 95 5.3.4 Infrastructure and Special Facilities...... 97 5.3.5 Assistance in Resettlement Process ...... 97 5.3.6 Rehabilitation Plans for Affected Villages...... 97 5.4 Economic Rehabilitation Planning...... 101 5.4.1 Tasks of Economic Rehabilitation Efforts ...... 101 5.4.2 Objectives of Economic Rehabilitation ...... 103 5.4.3 Environmental Capacity Analysis ...... 103 5.4.4 Economic Rehabilitation Plans ...... 106 5.4.5 Planning of Economic Rehabilitation in Host Village ...... 108 5.4.6 Investment of Economic Rehabilitation...... 113 5.4.7 Forecast of Economic Income Level...... 114 5.4.8 Rehabilitation Measures for Relocatees’ Economic Income...... 114 5.5 Rehabilitation Plan for Affected Commercial Units...... 115 5.6 Rehabilitation plan for Affected Enterprises and Institutions ...... 115 5.7 Planning of Relocation and Reconstruction Special Facilities...... 116 5.7.1 Transport Facilities ...... 116 5.7.2 Transformer Facilities...... 116 5.7.3 Irrigation Facilities ...... 116 5.7.4 Postlines...... 116 5.8 Vulnerable Groups Resettlement and Rehabilitation...... 117

6.Institution and Responsibility...... 118 6.1Institutions Engaging in the Resettlement ...... 118 6.2 Resettlement Implementation Institution and Responsibility ...... 118 6.2.1 Organization Institution...... 118

iii Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

6.2.2 Responsibility ...... 118 6.3 Supervision Institution...... 122 6.4 Resettlement Management System ...... 122 6.5 Resettlement Institution Personnel and Facilities...... 123 6.5.1 Personnel ...... 123 6.5.2 Facilities ...... 123 6.6 Training Plan...... 124 6.6.1 Resettlement Administrator Training Schedule ...... 125 6.6.2 Production Skill Training Plan for Resettlers ...... 125 6.6.3 Resettlement Training Planning Investment...... 126 6.7 Institution Enhancement Measures...... 126

7. Public Participation and Harmonization with Residents in Relocation Sites ...... 128 7.1 Public Participation Strategies...... 128 7.2 Approaches and Measures of Public Participation...... 128 7.2.1 Participation Approaches...... 128 7.2.2 Participation and Consultation Measures ...... 128 7.3 Public Participation in the Process of Resettlement Planning ...... 129 7.4 Public Participation and Plan in Implementation of Resettlement Plan ...... 132 7.4.1 Participation in the Houses Reconstruction and Resettlement ...... 132 7.4.2 Participation in Economic Rehabilitation...... 132 7.4.3 Participation in the Utilization and Management of Land Compensation...... 132 7.4.4 Participation in Project Construction...... 133 7.5 Women Participation...... 133 7.6 Harmonization with the Residents in Relocation Sites ...... 134

8. Appeal Procedure ...... 135 8.1 Possible Complaint and Problems Solving Methods ...... 135 8.2 Appeal Channel and Procedure ...... 136

9. Environment Protection and Management ...... 138 9.1 The Necessity of Environment Protection ...... 138 9.2 The Cleaning Work for Resettlement ...... 138 9.3 The Environment Management of the Resettlement Area...... 138

iv Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

10. Monitoring and Evaluation...... 140 10.1 Internal Monitoring and Examination...... 140 10.1.1 Organization of Internal Monitoring...... 140 10.1.2 The Objective of Internal Monitoring...... 140 10.1.3 The Contents of Internal Monitoring ...... 140 10.1.4 The Responsibilities of Internal Monitoring...... 140 10.2 External Monitoring ...... 141 10.2.1 Independent Monitoring & Evaluation Agency...... 141 10.2.2 The Objective of Independent Monitoring & Evaluation...... 143 10.2.3 The Content of Independent Monitoring & Evaluation ...... 143 10.2.4 The Methods of Independent Monitoring& Evaluation...... 144 10.2.5 The Procedure of Independent Monitoring & Evaluation ...... 145 10.2.6 The Period, Frequency and Standard of Monitoring & Evaluation...... 146 10.3 The Evaluation of Resettlement ...... 147

11. Resettlement Budget ...... 148 11.1 Compilation Basis and Principle of Cost Estimate...... 148 11.1.1 Main Bases...... 148 11.1.2 Compilation Principle...... 148 11.2 Resettlement Compensation...... 149 11.2.1 Land Compensation ...... 149 11.2.2 Compensation for Houses and Auxiliary Facilities...... 149 11.2.3 Compensation for Infrastructures ...... 149 11.2.4 Demolition Transportation Fee ...... 149 11.2.5 Compensation for Scattered Trees...... 149 11.2.6 Compensation for Enterprises and Institutions ...... 150 11.2.7 Compensation for Individuals Engaged in Small-scale Business ...... 150 11.2.8 Subsidies for Vulnerable Group...... 150 11.2.9 Resettlement Compensation Investment...... 150 11.3 Compensation for Special Facilities ...... 155 11.4 Other Costs...... 156 11.5 Basic Contingency Fee ...... 156 11.6 Relative Tax ...... 156 11.7 Budget for Total Investment ...... 157

v Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

11.8 Balance between Land Compensation Fee and Economic Rehabilitation Investment...... 159 11.9 Funds Flow...... 159 11.10 Funds Management and Audit ...... 160

12. Resettlement Progress Arrangement...... 163 12.1 Principles of Resettlement Progress Arrangement...... 163 12.2 Progress Plan...... 163 12.2.1 Resettlement Implementation Progress Plan ...... 163 12.2.2 Annual Funds Use Plan...... 163

Appendix 1: Resettlement Information Booklet ...... 165

Attached Table 1: Resettlement Implementation Progress of Leiyang City Urban Flood Control Project

Attached Figure 1: Schematic Drawing of Geographic Location of Leiyang City Urban Flood Control Project

Attached Figure 2: General Layout Plan for Leiyang City Urban Flood Control Project

Attached Figure 3: Typical House Structure Drawing for Rural Resident of Leiyang City Urban Flood Control Project

vi Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

vii Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

General Objectives of Resettlement Plan & Definition of Resettlement Terminology This Resettlement Plan (RP) is developed according to the Laws and Regulations of PRC and Hunan Province, as well as the resettlement policy of ADB. The purpose of this document is to set out a policy framework and an action plan for the Resettlement and Rehabilitation of the Project Affected Persons (PAPs) to ensure that they will benefit from the project and their standards of living will be improved or at least restored after the project impact. This RP is a legally binding agreement between the Executive Agency (EA) – Key Project Office under Hunan Provincial Water Resources Department (HPWRD) and both the ADB and the local government offices involved with resettlement implementation, whereby HPWRD will be responsible to ensure the action plans are adequately financed and will coordinate relevant cities and counties to implement resettlement in accordance with the resettlement plan approved by ADB. The Resettlement Plan compiled by Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources will be formally approved by the Hunan Province Water Resources Department representing the Hunan Province People’ s Government. Acquisition of land and other assets for the project will adversely affect the livelihood of persons who live, work or earn their living on the land that will be acquired for the project. PAPs are defined as those persons whose income or livelihoods will be adversely affected by land acquisition for the project. PAPs include the following categories: a) persons who have a title, right, interest, in structures (houses, enterprises, shelters, or public buildings), land (including residential, agricultural, and grazing land) or any other asset acquired or possessed, in full or in part, permanently or temporarily; b) persons who use the structures, land or assets described above; or persons whose business, occupation, work, place of residence or habitat adversely affected; or c) persons whose standard of living is adversely affected as a consequence of land acquisition and/or resettlement activities. A definition of PAPs is given below: Definition of the PAPs: “Affected Persons” means persons who on account of the execution of the project had or would have their: a) standard of living adversely affected; or b) right, title or interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently; or c) business, occupation, work or place of residence or habitat adversely affected, and “Affected Person” means individually all those who qualify as “Affected Persons.” PAPs may be individuals or legal entities such as a company, a public institution. Definition of PAPs is not limited or restricted to their legal registration or permission to live or

1 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

conduct business in the affected location, or their titles to property. Thus it includes: a) all those affected by the project regardless of their legal rights or absence thereof to the assets being taken; and b) persons without residential permit to live in a certain area. Therefore all such persons who are affected will need to considered and recorded as PAPs, regardless of their legal status regarding assets, land or location. All PAPs are entitled to the improvement or at least restoration of their standards of living, and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. No deductions or discounts will be applied to the compensation amount for depreciation or other reasons. All PAPs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those PAPs without title, authorization or legal permission to reside, conduct business, cultivate land or construct structures are eligible for rehabilitation of their livelihoods and compensation for their assets in a fair manner compared with those with formal legal title, authorization or permission to the assets. The term Resettlement includes: 1) the relocation of living quarters; 2) finding acceptable new employment for those whose jobs are lost or severely affected; 3) restoration (or compensation) of affected productive resources such as land, workplaces, trees and infrastructure; 4) restoration of other adverse effects on PAPs’ living standards (quality of life) through land acquisition, indirect resettlement impacts or other project impacts; 5) restoration of or compensation for affected private and public enterprises; 6) restoration of adversely affected on cultural or common property. Rehabilitation means: the restoration of the PAPs’ resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that without the project. The objective of this RP is to provide a plan for the resettlement and rehabilitation of the PAPs so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels in a sustainable manner. Affected productive resources of businesses, enterprises (including shops) and public facilities and infrastructures will also be improved or at least restored to their pre-project levels.

2 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Summary of Resettlement Plan for Leiyang Urban Flood Protection Subproject A. Introduction 1. The proposed Leiyang City Urban Flood Control Subproject will finance the following contents: 1) construction of 12.342km of new flood control dykes, of which the Zhuchengqu embankment is 6.783km (earth embankment 5.729km, and anti-flood wall 1.054km), and the 5.559km Shuidongjiang earth Embankment. 2) Renovation of four pump stations, 1370KW/14 pieces, and 5 new culvert and sluice gates. The land acquisition and demolition for resettlement is concentrated in the first three parts. All the project impact and resettlement measures are based on the concrete survey, and all indices, resettlement modes, and compensation standards are all examined and approved by local people’s government in project area. 2. The project executing agency for the Hunan Flood Management Project is the Provincial Key Project Management Office (PPMO) of Hunan Provincial Water Resources Department (PWRD), Following ADB requirements, a draft resettlement plan (RP) has been prepared by PWRD under the assistance from the TA consultants. This is based on detailed survey of resettlement impacts and extensive consultation among affected people and local governments. B. Scope of Land Acquisition and Resettlement 3. The proposed Leiyang City Urban Flood Control Subproject will affect 6 administrative villages, 30 villager groups, and 8 enterprises and institutions of Caizichi and Shuidongjiang in Leiyang City. According to the detailed impact survey, about 17.69 ha of land will be acquired, of which about 59.28% is non-irrigated farmland. The remaining 40.72% is orchard, housing plot and wasteland as well as State owned urban land. Additionally, a further 7.90 ha (approx.) of land will be occupied temporarily during the construction phase. Based on per capita farmland in affected villages, the farmland acquisition will affect 281 households and 1,214 persons. This will include the resettlement for 419 persons affected by permanent land acquisition. On average, each affected person would lose only 0.0107 ha of farmland, which represents 8.42% loss of their current farmland. 4. Along with land acquisition, a total of 29,821.59 m2 of buildings would be demolished. The demolition would relocate 95 households and 409 persons. About 90.04% of houses are made of brick and concrete, brick and wood, and the remaining 0.61% are made of wood. The relocation will provide an opportunity to improve upon the current housing condition of the relocated people. For affected rural households, they will be moved a short distance to another site within their original village. 5. Other affected assets include telecommunications and electrical infrastructure, ponds for fish and lotus cultivation, sheds, walls, graves and cash crop orchards. All lands, housing and other assets

3 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

will be compensated at replacement value. C. Policy Framework and Entitlements 6. For people unavoidably affected, the resettlement objective is to achieve equal or better income and living standards in line with the PRC Land Administration Law (1998) and the ADB’s Policy on Involuntary Resettlement. The PWRD will ensure that any people losing land, housing, other assets or income source will be assisted to fully restore their income and living standards. In 2000, the Hunan Provincial Government issued a Land Administration Decree to implement the Land Administration Law (1998), which stipulates the regulations for land compensation, resettlement subsidies, young crop compensation, house compensation and other measures to carry out resettlement. According to the policy, the total compensation (land compensation, resettlement subsidy and young crop) will be set at CNY 22,616 per mu for irrigated farmland; CNY 18,216 per mu for dry farmland, CNY 22,476 per mu for orchards, CNY 22,082 per mu for fish pond, CNY 19,345 per mu for housing plot; and CNY 1,603 per mu for waste land. For the affected state owned land areas, compensations will be set at CNY 113,390 per mu for industrial land area. Those people losing land temporarily during construction will receive a payment equivalent to production value foregone for the period of loss, which is expected to be 2 years. The land used temporarily will be restored by the contractor to the original condition, or else additional funds will be provided to the owner to restore the land. For structures to be demolished, replacement value will be provided to the affected households based on compensation rates adopted in the affected Cities, which range from CNY 400 per square meter for brick-concrete structures in town, and CNY 338 per square meter for that in rural area; CNY 315 per square meter for brick-wood structures in town, and CNY 266 for that in rural areas, and CNY 272 for wood structures in town, and CNY 231 per square meter for that in rural areas. For the affected persons losing their houses, they will be provided with funds to obtain new housing sites and to connect with road, electricity and water within the current village group or administrative village. There will be no reduction in house compensation for depreciation, and people will be allowed to salvage materials from their old houses. D. Resettlement Strategy 7. Efforts to minimize resettlement effects have been made after consultation with local officials during the setting of the dyke alignment in the initial feasibility study. The change of routing of certain sections of new dykes during feasibility study has resulted in 24.04% reduction of land acquisition, that is, 63.78mu, and 77.02% reduction of house demolition. The number of relocated households was kept to only 281. For those unavoidably affected, the resettlement strategy is to replace any losses of housing, land, other assets, infrastructure and income.

4 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

8. 1) Among all the affected persons, 419 persons need economic rehabilitation. In the 23 villager groups of 5 affected villages, only 5 groups have the remaining per capita farmland of above 0.5 mu. The affected persons in these groups will be resettled through readjusting the farmland in groups for resettlement. It is planned to fully tap the potentials of existing farmland and elevate the current production output by adopting the following measures, such as increasing the investment in the low yield farmland, improving the soil fertility, and replanting the better variety, adjusting the farming system, establishing the farmland water conservancy facilities, strengthening the farmland management, and replenishing more irrigation facilities to the dry farmland of relative low topography. In the total 23 affected groups, the remaining per capita farmland in 18 groups is less than 0.5mu, and the occupation and compaction proportion is between 4.86~23.01%. It is planned to develop the greenhouse vegetable and animal husbandry activities for some groups because the project is located in urban area or suburbs, the villagers in these groups are skillful in vegetables plantation and animal husbandry activities, and they are active in participating in these activities. 2) Among all the affected persons, 409 persons of 95 households in 7 villages (residential committees) will be affected, and a total of 21506.96 m2 of residential houses will be demolished, affecting 403 persons of rural population and 6 persons of non-rural population). In order to minimize the impact on the resettlers due to the project construction, extensive consultation with the resettler representative and cadres from the involved townships (sub-district) and villages (residential committee) and discussion on the livelihood rehabilitation scheme on resettlers have been conducted. According to the resettler’s desire and the current state of project-affected area, it is preliminarily determined that 95 households of 409 resettlers will have their new houses rebuilt scatteredly in their existing villages based on compensation and new housing plots provided by their villages, and in the light of the “unified planning, unified land acquisition, and construction for each household” principle. The relocatee will be paid the compensation fee enough for rebuilding an equal good house as the present ones. All villages and groups will arrange the housing plot unifiedly, and build the house by themselves. The land utilization standard for relocatee is set at

120 ㎡~150 ㎡ according to the relevant regulations and standards in Law of Land Management,

Implementation Method for Land Management in Hunan Province, and Compensation Method for Land Acquisition and Demolition in Leiyang City . In project area, 3 shops will get affected. They are mainly the shops utilizing their own old houses or renting their houses for other business dealer. The business operation scale is relative small, and the main sources of customs are the residents in city or neighboring villages and groups with few customs of float population. Because the premises lie in the relative low area where is constantly under the threat of flood, the turnover

5 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

of these shops are generally poor. According to survey, with the compensation paid, these dealers are willing to choose the new premises according to their product and service characteristics. According to survey, 2 enterprises and 6 institutions in project area will be affected by land acquisition and demolition. The affected factory buildings of the 2 enterprises are all the buildings for management or accessorial production houses. The project construction will not greatly affect the production, operation or administration work in office, thus no relocation will be required. With cash compensation, these units themselves may readjust the house for management or build the substitute houses. For affected 6 institutions, the lands occupied are great, and spaces in these institutions are abundant for house building, with the buildings affected are all the office buildings or attached buildings, no relocation is needed. It is planned to build the office buildings or readjust the houses for office after cash compensation. 9. The PWRD will ensure that the resettlement entitlements are provided to the affected people before ground clearance and demolition begins. Land compensation and resettlement subsidy will be paid to the affected village collectives. Housing, young crop and other asset compensation will be provided directly to the affected people. Compensation for infrastructure such as electrical and communication facilities will be paid to the concerned government departments for restoration. 10. The resettlement regulations have standard provisions for moving allowance to assist the affected people during the transition phase. Also, the subproject contractors will be requested by PWRD to give priority allocation of unskilled jobs to those householders who are to be resettled during the construction period. This will be handled through consultation with the and village leaders. E. Institutional Arrangements 11. The Hunan Province ADB Loan Project Management Office will assume the overall responsibility for implementing resettlement according to the approved RP. The Hunan Province Project Resettlement Office will be directly responsible to co-ordinate the subordinated the work relations between each county (municipality, district), strengthen the leadership in project implementation, and ensure the smooth going-on of principal part of project construction, land acquisition, and relocation for resettlement. Leiyang City Project Implementation Leading Group is the leaders-in-charge from Leiyang City People’s Government will be responsible for the Leiyang City Project Construction Leading Group whose main responsibility is to strengthen the leadership in project implementation in its jurisdiction, co-ordinate the work relations between each subordinated county (town, sub-district), and ensure the smooth going-on of principal part construction of project. The municipal PMO under the Leading Group will be established to handle the daily activities. The municipal resettlement offices under the municipal PMO will take the primary responsibility for the resettlement consultation, implementation and timely delivery of entitlements, with assistance from

6 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

concerned township and villages. F. Vulnerable Groups 12. Among all the affected people, there are only 2 minority people, accounting for 0.01% of total affected persons. Most of them are Yao minority ethnic people, dispersedly distributed after being married. They are usually in the non-pure-minority family, so no preferential assistance will be granted to them. 13. According to the survey and statistics provided by affected villages and townships, among the affected people, about 402 people are classified as extremely poor and vulnerable, accounting for 1.2% of all the affected people in the seven villages. Most of them are the urban poor who are entitled to the minimum living safety allowance and those disabled or elderly living alone. For these vulnerable people, the Subproject will provide additional financial and physical support. Under the Resettlement Plan, vulnerable groups will receive the following additional assistance: (i) providing physical help in housing construction and relocation free of charge and (ii) giving special subsidies to enable them to maintain their living standards while constructing their houses. The specific amount for such assistance will be determined according to the actual condition and their needs. For this purpose, PWRD agreed to set aside a special fund of 1% of the total resettlement cost, which will be used to provide direct and needed help for the vulnerable people. G. Consultation and Grievance Redress 14. The Land Administration Law 1998 requires disclosure and consultation with the affected people, who should be notified about the key elements of the RP during meetings and interviews. Prior to implementation, there will be further consultations arranged by township and village officials to discuss specific impacts in each village and how they will be addressed. The people losing housing will be offered a choice of housing sites; and those losing agricultural land will have the opportunity to consider suitable income replacement options. All the villagers will be able to have input to decisions on how to utilize the collective compensation funds. 15. Six months prior to resettlement implementation, a resettlement information booklet will be distributed to all affected townships, villages and households by PWRD and Leiyang PMO. The information booklet contains the resettlement scope, expected timeframe, compensation rates for land and other assets, other assistance to replace assets, relocation and economic rehabilitation strategies, and the grievance redress mechanisms. The county, township and village officials will ensure that any concerns raised by the people affected are quickly addressed. 16. In case of grievance, people affected will submit their oral or written complaint first to the village committee or the township resettlement office. If their complaint is not settled in 10 days, they can seek redress at the Leiyang City resettlement office or Leiyang PMO, within one month. If still

7 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

unresolved within two weeks, the PRO of PWRD will try to achieve a solution. Final redress, if necessary, would be sought in the civil courts, in accordance with the Civil Procedures Act. H. Monitoring and Reporting 17. The detailed plan for internal and external monitoring and evaluation is included in the RP. PWRD will engage a qualified monitoring agency to carry out independent resettlement monitoring and evaluation. The independent monitoring agency will ascertain the extent to which the affected people have (i) received their full entitlements on time and (ii) fully restored their livelihoods, income levels and living standards. It will also conduct a baseline survey prior to resettlement, semi-annual investigations during resettlement and annual survey updates for two years after the completion of resettlement. The household survey will include a representative number of those severely affected by loss of land, those losing housing, and those classified as minorities and/or economically vulnerable. 18. A quarterly reporting system is being established in the PRO. PWRD will report to ADB on the progress of land acquisition and resettlement through resettlement progress reports. The PWRD will also provide ADB with copies of the independent monitoring and evaluation reports to be prepared twice a year during resettlement implementation and once a year after resettlement completion. After completion of land acquisition and resettlement, PWRD will prepare a resettlement completion report and submit this to ADB. I. Finance and Implementation Schedule 19. The RP budget estimate is CNY 24.115 million, for all costs including compensation, resettlement subsidy, payment for other assets (e.g. housing, equipment), moving allowance, vulnerable groups subsidy, fees for resettlement administration, and monitoring and evaluation. Key Project Office under PWRD will guarantee to supplement the resettlement budget, as may prove necessary, to meet any shortfall which emerges in achieving the resettlement objectives. 20. The resettlement implementation schedule has been prepared according to the construction contents, quantities of work, time limit, and resettlement target and mode. The total investment is arranged for financing the four-year-long project.

8 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

1. General Description of Project 1.1 Project Background Hunan Province is located on the south bank of middle reaches of Changjiang River, bordering Jiangxi Province on the east, neighboring the Wuling Mountains on the south, connecting Guangdong Province and Guangxi Province, and close to the Guizhou Province and City with the unbroken mountains in Guizhou and Chongqing areas. Changjiang River separates Hunan Province and Hubei Province on the north, and nearly 70% cities of Hunan Province are located in mountainous areas or hilly areas. These cities lie in the areas with relatively high ground elevation, and the landform varies greatly. These areas are subject to the flash flood though they are affected little by the Dongting Lake and the propping of tail water level of the four rivers. Because the river level in mountainous areas rises sharply and abruptly with great flow velocity, the cities along the river are always destructively damaged. In November of 1999, Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources worked out the report on urban flood-control planning in Hunan Province according to Flood-control Planning Outline for Changjiang River Drainage Area and Compilation Outline for Urban Flood-control Planning (Ministry of Water Resources [1998] No.215 Document). This report covers 91 cities, plans for the 18.30 million urban population, and 2253km2 urban areas. The embankment-construction-oriented project plan is determined in the report, and the existing embankments to be heightened and reinforced are 1037.16km in total, and the would-be-built embankments total 600.53km. Only the cities of above-county-level which are seriously damaged by the flood in the mountainous areas in Hunan Province will be brought into the coverage of urban flood-control project in this time. They shall be the economy developed area, such as , , and , which all belong to the very important industrial cities, boasting the various industries of machinery, electricity, metallurgy, chemicals, building materials, making, mining, medicament, and foodstuff. And, these cities shall be the local financial, communications, business centers as well as the science and education centers, the location of municipal or county government, and moreover the distributing center of agricultural, industrial, and commercial products. Their economic status is very important. These cities are the main centers of the economic development of those areas with dense population, and are clustered with properties. If these cities are submerged or suffered great losses, the economic development of local areas will be seriously affected. In addition, the manpower and material resources are abundant in these cities, it is the main rear base for flood-control and providing disaster relief. The submergence of these cities will bring the disaster relief and

9 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

rehabilitation works into a passive situation. In years, the government at every level in Hunan Province and the local masses took great pains and sacrificed a lot for the fighting the floods in these cities, enormous achievements were achieved. According to statistics, in the 36 urban areas undertaking the project, total 286.628km long flood-control embankments, and 141 drainage sluices, and 124 drainage pump stations of 15648kW were built. Because the flood-control project construction progress is slow, the standard is low, the present urban flood-control standards of these cities are only between 4-year-occurrence~20-year-occurence flood, and the waterlogging drainage ability is only 3-year-occurrence~8-year-occurence standard, only a few cities are in the fortified status, and some cities are undefended or incompletely defended. At present, the urban flood-control standard in project area is low, the flood disaster happened in successive years. According to historical record, great floods occurred in 1980,1981,1983, and 1988 after the floods in 1954 and 1955. The losses caused by flood and waterlogging rose year after year. Entering 1990s, flood disasters frequently happened, and the losses due to the flood disaster rose sharply. In 1991, 1994, 1995, 1996, 1998, and 1999, large flood and waterlogging disasters happened in successive, great losses were caused. Many cities were submerged wholly or partly, and nearly all cities are damaged by flood and waterlogging to various degrees. In 1991, the losses caused by flood disaster amount to 760 million yuan; in 1993, the losses caused by flood disaster amount to 1870 million yuan; in 1994, the losses of flood disaster amount to 3090 million yuan; and the great floods in 1995,1996 and 1998 each caused over 5000 million yuan losses, respectively reached 5610 million yuan, 10900 million yuan and 5973 million yuan respectively. Confronting such an enormous losses of flood and drainage disasters, the economic development of city is seriously hindered, and the life and property of people in urban areas is greatly affected. Therefore, the construction progress and strength of urban flood-control project shall be speeded up and beefed up to facilitate the economy development in a speedy, stable and forward way. The people’s life and property will be safeguarded, the strong points will be given full play and the weak points will be avoided, and the economy development will be stipulated by constructing and perfecting the necessary flood-control and waterlogging treatment facilities. Leiyang City is located by the Leishui River of Xiangjiang River. The landform in urban area is low, even, and broad. Only a 525m long embankment was built from the Wuyi Square in main urban area on left bank to Leiyang Bridge, no complete protection circle is formed to prevent the flood, and no waterlogging drainage facilities available, the standard of flood-control and waterlogging drainage is extremely low. As the sub-project city utilizing the loans from ADB, Leiyang City will thus greatly be improved in its flood-control and waterlogging-prevention ability through the implementation of project. The flood-control standard will rise from the present less than 5-year-occurence to

10 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

20-year-occurence flood, and the waterlogging-prevention ability will rise from the present free drainage to the standard of 20-year-occurence flood. The improvement will greatly relieve the burden on the flood-control for Leiyang City Area, and benefit the sound development of society. 1.2 Project Description 1.2.1 Areal Geographic Location Leiyang City is located in the southeast part of Hunan Province. Its geographic coordinates are between east longitude 112°38′~113°13′, north latitude 26°08′~26°43′. It neighbors the on the northeast, on the southeast and south, and borders the County on the southwest, to its west is the Chongling River which separate the city from Changning City, and connects the Hengmian County. The total length of the city from south to north is 62km, and 58km from east from west in an irregular prismatic shape. The total land area of Leiyang City is 2656 km2, of which the built area is 15.84 km2. The schematic drawing of geologic location of Leiyang City urban flood control project is shown in Attached Figure 1. 1.2.2 Construction Scale and Content of Project Leiyang City urban flood-control project is a core sub-project of urban flood-control project for hilly areas in Hunan Province, utilizing the loans from ADB. It comprises the flood-control and waterlogging drainage works. The main construction scale is as follows:

① New construction of 12.342km flood control embankment, of which the embankment in main urban area is 6.783km (earth embankment is 5.729km, and anti-flood wall 1.054km). The 5.559km Shuidongjiang embankment is the earth embankment.

② Renovation of 4 pump stations, 1370kw/14 pieces. Construction of 5 new drainage sluices; 1.2.3 Project Investment Estimation and Planned Progress According to Feasibility Study Report on Urban Flood Control Project of Leiyang City of Hunan Province Utilizing Loans from ADB compiled by Hydro and Power Design Institute of Hunan Province and Ministry of Water Resources, the total investment in the project is estimated to be 77.3730 million yuan. According to the progress of project, the total construction period of this project is 40 months, of which the construction preparation and ending works respectively takes 1 month. The construction preparation work is arranged to be carried out in August of the first year, and the ending date of project is set to be in May of the fourth year, the construction period of principal work is 14 months, and the construction period according to plan is September of the first year ~ April of the fourth year. 1.2.4 Socioeconomic Benefit of Project After the implementation of urban flood-control project, the ability of flood control and waterlogging

11 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

is elevated greatly, which will improve the present passive situations of inundation from the root and benefit the flood-control and security works for people in urban area of Leiyang City. After project implementation, the flood-control ability of anti-flood circle in urban area of Leiyang City will be elevated from the present 5-year-occurence to 20-year-occurence, and the waterlogging treatment standard will be elevated from present free discharge to the 10-year-occurence flood. The improvement will safeguard people’s lives and properties and offer a sound environment to the utmost; greatly relief the burden of flood-control of this urban area, benefit the sound and sustainable development of society; The construction of flood-control embankment and urban road, pier, and blow-off pipes shall combine with the renovation of embankment lines. Which will not only greatly relieve the chaotic traffic in bustling urban areas, but also beautify the environment, supply a sound recreation and rest place for residents; Moreover, the implementation of the project will greatly alleviate the threat on the life and property of people due to the flood and waterlogging, and safeguard the people for living and working in peace and contentment, which will benefit the stability and unity of society, lay a firm foundation for industrial and agricultural production, and the social benefits and economic benefits are enormous. According to the economic evaluation and analysis in this project, the total financial economic internal rate of return is 14.8%, which is over 12%, the economic net present value is 15.96 million yuan, which is greater than zero, the economic benefit-cost ratio is 1.24, which is greater than 1; the domestic investment internal rate of return is 17.2%, which is over 12%, the economic net present value is 23.19 million yuan, which is greater than zero, and the economic benefit cost ratio is 1.40, which is greater than 1. It indicates that and the project’s economic evaluation index of every item is relatively good, the project has relatively strong anti-risk ability, and the implementation of project is reasonable in the concern of economy. 1.3 Project Affected Area According to urban flood-control scheme for Leiyang City, the protection circle in main urban area starts from the Zhanghuangling, passes under the Dianchang Bridge and reaches the Wuyi Square, the total length is 4.197km; Start from the Leishui Bridge, pass the Middle School 1 and Siliang Bridge, and ends at Qinglong Tower with a total length of 2.586km. Shuidongjiang Protection Circle starts from Zhangjiachong, passes through the Bieyu Village, Jingshiwan and ends at the Tongluowan with a total length of 5.559km. The major structural measures involved in the land acquisition and demolition are embankment consolidation or new construction, the renovation or new construction of sluice and electric drainage station. In addition, the temporary lands for project construction site and borrow area are also involved. For details, see attached figure 2 for the layout plan of Leiyang City urban flood control project.

12 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

The land acquisition area due to the project refers to unrecoverable area on which the residents is seriously affected in production and living due to the project construction in land acquisition area. In this phase, the land acquisition affected area is determined according to the recommended plan of the project design in the feasibility study phase, the on-site laying out and adjustment shall accord with the 1/2000 topographic map and the designed vertical and transversal profiles. The project covers 30 villager’s groups in the 6 villages (residential committee) of Shuidongjiang and Caizichi sub-districts under Leiyang City. The final land acquisition and relocation scope will be partly altered with the deep-going of the design. 1.4 Compilation of Resettlement Plan 1.4.1 Basis and Objective for Report Compilation 1.4.1.1 Basis for Design 1) Hunan Province National Economic and Social Development “the Tenth Five-year” Plan and Long-range Plan for 2015 2) Leiyang City National Economic and Social Development “the Tenth Five-year” Plan and Long-range Plan for 2015 3) Urban General Planning of Leiyang City (2001-2020) 4) Statistical Yearbook of Leiyang City (2001-2003) 5) Urban Flood-control Planning Report of Leiyang City 6) Feasibility Study Report on Hunan Province Leiyang City Urban Flood-control Project Utilizing Loans from ADB (Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources) 1.4.1.2 Policy Foundation 1) National laws and regulations 2) Laws and regulations in Hunan Province 3) “Involuntary resettlement policy” of ADB (published in November of 1995) and “Immigration Manual ------practical and operable guidance on practice” (published in 1998) 1.4.1.3 Objectives of Policies 1) Adopt the engineering, technical, economic measures to avoid or reduce the quantities of material good to be removed and relocated; If the land acquisition and relocation is unavoidable, try best to adopt the effective measures to minimize the impact on the local residents due to the land acquisition and relocation. 2) In project preparation phase, conduct the social economy investigation and compile the relevant resettlement plan; 3) The resettlement shall be based on detailed indices in terms of relocated material goods and

13 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

compensation standard in order to increase or at least restore the income and production levels for the affected people; 4) Promote resettlement in a developing mode. The resettlement from the rural areas shall be land-based, and supplemented with possible employment in second or tertiary industries. 5) Encourage the resettlers and original residents in resettlement area to take part in the resettlement planning; 6) Try best to resettle in the original community. 7) The resettlers and the former residents in resettlement area shall all be benefited from the project. 1.4.2 Method of Report Compilation The Key Project Management Office under the Water Resources Department of Hunan Province as project EA is responsible for overall resettlement preparation. The relevant resettlement design units, consulting units and local government shall all participate in the process. In November of 2004, the designers of HPWRHDI had conduct the general survey and statistics on the physical indices for the land-acquisition-affected area with the active support from local governments in Leiyang. Based on census survey, detailed sample survey on social economic conditions and attitudes of the affected people was also carried out. In investigation, designer had consulted with the PMO (project management office) of Leiyang City and held several resettlement coordination meeting attended by the government department at every level and represents of resettlers from affected area. Comments were made on the resettlement plan, economic rehabilitation options, and compensation, which were the basis for developing resettlement plan. According to the current national policies, laws and regulations and the requirements on resettlement by ADB, the resettlement team carried out- detailed analysis on the degree of impact and feasibility of proposed rehabilitation for each affected township (sub-district) in project area. The resettlement plan was further revised according to the opinions and the site visit by PPTA experts. The completed draft resettlement plan will be reviewed and endorsed by both HPWR and local city government before submitting to ADB approval.

14 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

2. Project Impacts 2.1 Measures for Avoiding or Reducing to the Minimum the Land Acquisition and Relocation Impacts 2.1.1 Measures for Reducing the Land Acquisition Impacts in Project Design Phase According to the natural geologic conditions of Leiyang City, the embankments of two protection circles will be built along the Leishui River bank, the alignment of embankment is almost on the first terrace, and nearly in parallel with the main flow direction of great flood. The slope-cutting and realignment of the section blocking the flood flow along the bank will be done to smoothen the riverbank after bricks and stones laying. 1) In project planning phase, minimize the land occupation due to project and house demolition. The flood-control embankment should be appropriately set backward if the flood diversion conditioned and the embankment is stable. For achieving the economical and reasonable embankment lines, the alignment of embankment shall be determined through times of amendment, and by comparing the quantities of excavation and filling for embankments. For the Leiyang City urban flood-control project, two defense schemes of interior line and exterior line are worked out according to the water system, landform conditions, existing embankments, and urban construction in planning area. In this phase, the comparison of the two embankment alignment layout schemes of main urban area protection circle Leijia (pile number top left 0+484) to Zengjia (top left 1+250). The scheme 1 is the exterior scheme, in which the embankment alignment is 796m long, the elevation of terrace is 78~79m. The scheme 2 is the interior line scheme, in which the embankment alignment is 766m, the ground elevation is 81~82m, and the comparison of quantities of interior and exterior lines work is shown in Table 5.2.3-1. Table 5.2.3-1 Scheme Comparison Table of Embankment Alignments from Leijia to Zengjia Section Index Item Unit Plan I (exterior line scheme) Plan II (interior line scheme) Earthwork excavation m3 14646 10112 Earthwork filling m3 81053 9938 M7.5 mortar rubble m3 796 383 C15 concrete m3 637 613 C15 concrete block slope protection m3 474 115 Steel bars kg 25472 24512 Sodding protection m2 15785 6810 Compensation for relocation 104 yuan 37.8 108 Investment 104 yuan 274.3 198.3

15 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

According to the above table, the scheme 1 of exterior embankment alignment requires 0.76 million yuan more than that of the scheme 2 of interior embankment alignment. And the implementation of scheme 2 will facilitate the smooth flowing of Leishui River, and avoid the siltation, scouring, bank slump, and other vulnerable spots. Therefore, by analyzing, the interior embankment alignment of scheme 2 is recommended in the feasibility study of this time. The comparison of two embankment alignment schemes is conducted for other embankment sections besides the Leijia~Zengjia embankment section in main urban areas protection circle. Because the landform limitation of the first terrace, the two embankment alignments are 3m apart, with applies to both embankment alignment. The comparison is mainly conducted in the quantities of demolition and earth filling. See Table 5.2.3-2 for the work quantities comparison of interior and exterior alignments Table 5.2.3-2 Comparison Table of Work Quantities and Cost per Liner Meter of Main Urban Area Embankment Alignment Scheme

Index Item Unit Exterior line scheme Interior line scheme Earthwork excavation m3 17.83 35.8 Earthwork filling m3 75.47 38.7 M7.5 mortar rubble m3 0.5 0.3 C20 concrete m3 0.8 0.8 C15 concrete block slope protection m3 2.6 1.8 Steel bar kg 32 32 Sodding protection m2 4.0 4.0 Investment yuan 2962 2395

From the above table, the exterior embankment alignment scheme cost 567 yuan per liner meter more than that of the interior embankment alignment scheme. But the resettlement and demolition work quantities of interior embankment alignments are great, for which the interior embankment alignment scheme cost 1128 yuan per liner meter higher than that of the exterior embankment alignment scheme. Thus, through analyzing, the exterior embankment alignment scheme is recommended in the feasibility study of this time, namely the exterior embankment alignment will take the Zhanghuangling as the starting point (X=2921366.60m, Y=38384078.18m), and the conjunction point of Qinglongta and expressway as the end point (X=2925885.93m, Y=38387734.41m). The intervals will be smoothly connected with the straight lines and arc lines of not less than 50m semidiameter. The total length of embankment alignment is 8121m. For the Shuidongjiang Protection Circle, the embankment is arranged basically along the first terrace of river bank according to the layout principle for embankment alignment, almost parallel with the main flow line of great flood. The flood-control embankments should be set appropriately outward if met the flood-reliving conditions and the embankments are stable. Of the Shuidongjiang Protection

16 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Circle, the right of Tongluozhou Section, the two embankment alignment arrangement schemes for 3+674~5+559 section are compared. For the land occupied due to the project and the quantities of resettlement, the two embankment alignments shall be 5m apart, which applies to both embankment alignments. The comparison is mainly in the land occupation, quantities of demolition and earth filling quantities in project. See Table 5.2.3-3 for the comparison of quantities of interior and exterior alignment work. Table 5.2.4-3 Comparison Table of Main Work Quantities and Cost per Linear Meter of Shuidongjiang Embankment Alignment Scheme

Index Item Unit Exterior line scheme Interior line scheme Earthwork excavation m3 19.76 32.8 Earthwork filling m3 67.28 39.7 M7.5 mortar rubble m3 0.5 0.3 C20 concrete m3 0.8 0.8 C15 concrete block slope protection m3 2.3 1.6 Steel bar kg 32 32 Sodding protection m2 3.7 4.0 Investment yuan 2842 2395 According to the above table, the cost of exterior embankment alignment scheme is 512 yuan higher than that of the interior embankment alignment scheme, but the resettlement and relocation and demolition quantities of interior embankment alignment are great, which cost 778 yuan more than that of the exterior embankment alignment scheme. By analyzing, the exterior embankment alignment scheme is recommended in the feasibility study of this time, namely the right to the exterior embankment alignment, 3+674 (X=2925481.7m, Y=38387521.67m) as the starting point, the right to that, 5+559 (X=2924317.62m,Y=38387424.22m) is the end point. The intervals are smoothly connected with the straight lines and the camber lines of not less than 50m semidiameter. 2) Optimize the construction design, shorten the construction period, and reasonably arrange the house relocation and construction period, try best to reduce the losses of resettlers’ properties. For example, the house relocation and rebuilding shall be conducted in the farm slack season, and the land using shall be started after reaping the young crops. Try best to utilize the waste lands as for the expropriated land on which the construction period is long (over two years). 3) In the design, fully consider the inconvenience brought about to the life and production of local residents due to the embankment construction. In general, for the convenience of local residents, recover the damages of channel system, mechanical pier, communications facilities and other infrastructures after embankment construction to keep the complete functions of infrastructures.

17 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

2.1.2 Measures for Reducing the Impact due to Land Acquisition in Project Construction The lands occupied in this project are distributed in linear form. As for the whole project area, the project construction won’t affect the local industrial and agricultural production, people’s livelihood and social economy greatly. The land acquisition and relocation along the linear area will not bring much impact. But for reducing the impact on the local area due to the project construction in so far as possible, special attention will be paid to the layout of construction site and selection of construction scheme, and prevent the unnecessary land acquisition and house demolition. The following measures shall be adopted: 1) Before demolition and relocation, organize the relevant persons to conduct the on-spot survey . Try to remove less or do not move the houses which is unnecessary to remove or can be partly removed in practical. 2) Before the demolition of the buildings due to the temporary lands occupation by the project, report to the unit of owner by PMO to empty it. Or set up the temporary housing to be used in resettlement within the unit area. After the project completion, rebuild new buildings and return to the original owner or employer unit. 3) For the loss of resident caused by the demolition and relocation, adequate compensate according to the replacement value, try best to reduce the unfavorably impact on resettlers. 4) The resettlement area shall be located at the place close to the original residential areas so as to keep the existing social relationship for the affected people; on the other hand, it will also reduce the commuting distance for the affected people. 5) Notify the some affected enterprises in advance, and arrange the site for relocation, compensate the loss, try best to shorten the interruption period, and negotiate with the municipal Project Management Office to provide proper rehabilitation for affected employees. 6) During relocation and resettlement, the concerned local functional departments shall vigorously support the resettlers and resettling enterprises, provide the convenience for them and carry on the resettlement work smoothly, and reduce the loss and relief the burden on resettlers. 7) Strengthen the system of public participation. Before the project construction, clarify the project commencement time and project construction planning progress by putting Notice in the project affected area and the resettlement area, make the compensation policies for land acquisition and resettlement public, undergo the supervision from the relocatee and original residents in resettlement area; In project construction period, give priority to use the local materials. For benefiting the affected persons from the project construction, use the local transportation and labor if the technical conditions allowed. 8) Reduce the dust emission and strengthen health management for construction workers. The

18 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

construction unit shall carefully plan the routing for transport earthwork and stonework. Measures shall be adopted to guarantee that the soils and stones won’t be sprinkled along the way from the truck full of loading, and thus affect the environment tidiness. In construction period, a large number of labors will come to the worksite to undertake all kinds of works and services. In order to guarantee the public security and orders in work site and the health of various groups in construction area, the project construction unit shall supervise and urge the builders to obey the regulations of local environment sanitation department, toughen the management on the healthy protection for builder group, timely clear the domestic waste on construction site, keep the construction area tidy, and prevent the occurrence and transmission of infectious diseases. 2.2 Investigation on Project Impacts 2.2.1 Investigation Contents In November of 2004, Hunan Province Hydraulic and Hydropower Design Institute, together with the Leiyang City Water Resources Bureau, the government of each level, had formed a joint investigation team. The team conducted the comprehensive survey on the project impacts according to the coverage determined in engineering design and the 1:2000 geologic type topographic map in hand. The contents of investigation included the land acquisition, the land acquisition affected population, houses to be removed and relocated, and supplementary facilities, scattered trees, individuals engaged in small-scale business, enterprises and institutions, and agricultural sideline production facilities and special facilities, etc. 2.2.2 Investigation Method 1) Investigation in Land Acquisition: The investigators clearly found out on-spot the belongs of various lands according to the 1/2000 topographic map in hand. Measure and calculate the area of cultivated land, garden plot, woods, and various lands in the unit of villager’s group. 2) Demographic Census: In the investigation in the land acquisition and removal, affected people were classified into three kinds, affected by land acquisition without relocation, affected by demolition and relocation without relocation, and affected by both land acquisition and relocation. The actual affected population were further divided according to the non-agricultural population and agricultural population with comprehensive investigation in the unit of households on the nationality, age structure, education background, employment status. Check them on site according to the household register card, and register the results of survey in detailed lists for each family. 3) Investigation on Houses and Auxiliary Facilities: Conduct the comprehensive survey on house structures, measure the area of houses and

19 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

investigate the quantities of supplementary facilities household by household, and then register them in detailed lists. 4) Investigation on Scattered Trees: Conduct the on-spot count for the scattered trees in the project land acquisition affected area to classify the fruit trees and other trees and separately register according to the tree types. 5) Investigation on Individuals Engaged in Small-scale Business: Individuals engaged in small-scale business were investigated and registered in the way of household by household. The investigating and statistical contents include the business items in operation, coverage of business area, number of employees, annual turnover, and operating profit, etc. 6) Investigation on Enterprises and Institutions: The on-site survey and check the name of affected enterprises in the land to be expropriated, location, department in charge, month and year of foundation, the coverage of factory area, land area for production, area of buildings, number of staff, fixed net assets, annual output volume of major products, annual output value, annual profit turnover, lump sum of tax, and lump of wages per month, etc. 7) Investigation on Special Facilities: The investigator shall check the quantities on site, register in detailed lists by item according to the 1:2000 topographic map of geologic type and the data supplied by department in charge. All the survey results of physical indices were reviewed and confirmed by householder and local government of each level and functional department. 2.3 Investigation Results on Project Impacts According to the survey, the land acquisition and relocation in the project involves Shuidongjiang and Caizichi sub-districts, 6 villages (residential committee), and 30 villager’s groups in Leiyang City. For details of investigation result on project impact summary, see Table 2.3-1.

20 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Table 2.3-1 Summary Table for Land Acquisition and Relocation Impact Investigation in Leiyang City Urban Flood-control Project

Shuidongjia Caizichi Unit and Item Unit Total ng Sub-district enterprise Sub-district I Administrative region 1 Township (Sub-district) piece 2 1 1 2 Administrative village (residential piece 6 1 5 committee) 3 Villager’s group piece 30 13 17 II Project affected population 1 Land acquisition impacts Number of household household 281 120 161 Population person 1214 486 728 Population of economic rehabilitation person 419 250 169 2 Demolition impacts Number of household household 95 17 78 Population person 409 70 339 Household need to be resettled with houses household 95 17 78 Population need to be resettled with houses person 409 70 339 3 Affected units and enterprises household 8 8 Of which: enterprises household 2 2 Institutions household 6 6 Number of employees person 5284 5284 Number of affected persons person 4 Affected individuals engaged in small family 3 3 business of which: n umber of employees person 7 7 5 Project affected population person 1528 506 1015 7 III Houses and accessory structures (I) Residential houses m２ 21506.96 5138.30 16368.66 1 Rural houses m２ 21506.96 5138.30 16368.66 Brick concrete structure m２ 12606.68 3488.57 9118.11 Brick wood structure m２ 6402.77 1058.75 5344.02 Earth wood structure m２ 181.95 103.70 78.25 Simple structures m２ 2315.56 487.28 1828.28 (II) Non-residential houses m２ 8314.63 184.30 178.23 7952.10 Brick-concrete structure m２ 5790.49 92.34 110.31 5587.84 Brick-wood structure m２ 2051.47 69.84 67.92 1913.71 Simple structures m２ 472.67 22.12 450.55 (III) Accessory structures 1 Bounding wall m２ 3476.78 547.21 267.69 2661.88 2 Cement yard for sunning m２ 6052.43 3047.49 1581.46 1423.48

21 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Table 2.3-1 Summary Table for Land Acquisition and Relocation Impact Investigation in Leiyang City Urban Flood-control Project

Shuidongjia Caizichi Unit and Item Unit Total ng Sub-district enterprise Sub-district 3 Cement water pond m3 95.66 42.04 53.62 4 Well Piece 3 2 1 5 Air-conditioner Piece 2 1 1 6 Telephone Piece 69 16 52 1 6 CATV Household 82 17 65 IV Scattered trees Piece 54 54 1 Fruit plant Piece 1 1 With fruit Piece 1 1 Without fruit Piece 2 Sundry trees Piece 53 53 V Permanent acquisition mu 265.32 94.94 128.84 41.54 (I) Collectively –owned land mu 240.52 94.94 128.84 16.74 1 Cultivated land mu 157.28 67.06 74.98 15.24 Dry land mu 157.28 67.06 74.98 15.24 2 Garden plot mu 16.55 11.54 3.51 1.50 3 Water pond mu 1.44 0.42 1.02 3 Rural house plot mu 43.35 9.46 33.89 4 Unused land mu 21.90 6.46 15.44 (II) State owned land mu 24.80 24.80 1 Industrial land mu 21.40 21.40 2 Residential land mu 3 Other land mu 3.40 3.40 VI Temporary land mu 68.73 68.73 1 Dry land mu 35.00 35.00 2 Shrub and forest land mu 33.73 33.73 3 Wasteland mu 49.71 49.71 VII Facilities for agricultural sideline industry Grit stone yard place 14 4 10 VIII Special facilities 1 Traffic facilities Tractor plowing road km 0.6 0.6 Small bridge Seat 1 1 Culvert Seat 1 1 2 Power transmission and transformation

facilities 10KV high voltage line km 0.6 0.6 380V low voltage line km 0.3 0.3 3 Communication lines km 0.5 0.5 4 Water conservancy facilities Electric drainage station kw 203 109 94

22 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

2.3.1 Land Affected by Project 1) Permanent Land Acquisition The permanent land acquisition in this project covers 2 sub-districts, 6 administrative villages, and 30 villager’s groups. Various land with an area of 265.32 mu will be expropriated, of which the state owned urban land is 24.8 mu (including the industrial land, 21.4mu, and urban unused land, clearing, and other land, 3.4mu), collectively owned land acquisition is 240.52 mu (including dry farmland, 157.28 mu, garden land, 16.55 mu, pond, 1.44 mu, rural housing plot, 43.35 mu, and unused land 21.9 mu). See table 2.3-2 for details of the statistical conditions of the investigation results of the permanent land acquisition in this project. Table 2.3-2 Investigation Statistical Table of Project Permanent Land Acquisition in Leiyang City Urban Flood Control Project

Collectively Owned Land (mu) State owned land (mu) Village Township Total Cultivated Land Rural Industrial House Other (Residential Garden Unutilized (Sub-districts) (mu) Total Dry PondHousing Subtotal Land Land Land Committees) Subtotal Land Land farmland Plot Acquisition AcquisitionAcquisition 2 6 265.32 240.52 157.28 157.28 16.55 1.44 43.35 21.9 24.8 21.4 3.4 Caizichi 5 119.37 119.37 67.06 67.06 11.54 0.42 33.89 6.46 Meiqiao 30.76 30.76 10.66 10.66 1.26 0.42 15.84 2.58 Pailou 7.88 7.88 5.96 5.96 1.92 Qinglu 3.46 3.46 0.5 0.5 1 1.96 Niezhou 13.62 13.62 5.62 5.62 3.86 4.14 Jinnan 63.65 63.65 44.32 44.32 6.42 12.91 Shuidongjiang 1 104.41 104.41 74.98 74.98 3.51 1.02 9.46 15.44 Shuidongjiang 100.93 100.93 74.98 74.98 3.51 1.02 9.46 15.44 Agricultural scientific 16.74 16.74 15.24 15.24 1.5 research institute Organ unit 24.8 21.4 3.4

2) Temporary Land Acquisition The construction temporary land acquisition refers to the temporarily-borrowed land in the project construction period, including land acquisition of soil and stone material yard, construction plant, construction warehouse, and temporary area for livelihood and temporary construction road during construction period. The total area of the construction plant, construction warehouse, temporary area for living quarters for the contractors, and temporary structures in the project is 9285m2. As they are mainly allocated

23 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

in the project permanent land acquisition range along the embankment, there will be no temporary land acquisition impact to the layout of the construction plant, construction warehouse, and temporary area for livelihood during construction period. As the existing roads will be destroyed during project implementation process, corresponding compensation costs shall be paid to the municipal administration department. As the compensation costs are included in the project contract as one part of the project costs, they will be paid by the construction Contractor. Accordingly, the project construction temporary road land acquisition will not be counted and the compensation costs will not be estimated in the report. The main temporary land occupation impacts come from the soil and stone material yard in the project, including Qinglu soil material yard. One township (town, sub-district), one administrative village, and four villager’s groups are involved. Various land with an area of 118.44 mu are temporarily expropriated, of which, dry farmland, 35 mu, shrubbery land, 33.73mu, waste land, 49.71 mu, and the mean time limit for land borrowing is two years. See table 2.3-3 for details of the statistical conditions of the investigation results of the temporary land acquisition in this project. Investigation Statistical Table of Project Temporary Land Acquisition in Leiyang City Urban Flood Control Project Table 2.3-3

Township Classification Temporary Land Acquisition (mu) (Town, Village of Material Origin Dry Shrubbery Total Waste land Sub-district) Yard farmland Land Soil material Caizichi Qinglu Qinglu 118.44 35 33.73 49.71 yard

2.3.2 Affected Population Due to Project 1) Affected Population Due to Land Acquisition The investigation of the affected population due to land acquisition of the project will be counted from two aspects, one is the actually affected population due to land acquisition of the project; the other is the number of agricultural population need economic rehabilitation according to the principle of Land Administration Law of the People’s Republic of China, namely, the economic rehabilitation shall be rearranged to the agricultural population who has lost all of their main productive materials - cultivated land. According to the physical materials indices in project land acquisition investigation, the number of people who need economic rehabilitation will be counted in villager’s groups. It is obtained by dividing the area of land acquisition for each village group with cultivated area per capita of each

24 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

group. The result of population was 419 persons. It means that there are 419 agricultural persons who need economic rehabilitation by the project. As the project is distributed in linear shape along the Leishui River, for most affected persons, they would only lose small part of lands. According to the site investigation and statistics, 281 households (1214 persons) are actually affected by land acquisition in the project, of which, 236 households (1029 persons) will be actually affected by permanent land acquisition in the project, averaging only 0.16 mu cultivated land per person. About 45 households (185 persons) will be actually affected by temporary land acquisition. 2) Affected Population Due to Demolition According to the site investigation,95 households (409 persons) shall be relocated in the project area (of which, agricultural population, 403, non-agricultural population,6), and the area of the residential house to be demolished is 21506.96m2. For all of them, the demolition will result in relocation and reconstruction of new houses for the affected people. 3) Employees in the Affected Enterprises According to the investigation, eight enterprises and institutions will be affected by the project construction, and there are 5284 employees in all. As only local parts of the enterprises and institutions will be demolished, they can still continue their normal business. 4) Affected Individuals Engaged in Small-scale Business According to the investigation, 3 small shops will be affected by the land acquisition and demolition in the project area. The local residents mainly use their own residential houses for operation. There are 7 persons working in these 3 shops. All of them will be affected by the project when their businesses will be closed due to demolition and land acquisition impact. 5) Total of Affected Population Due to Project Through statistics, 352 households (1521 persons) will be affected by the project land acquisition. Among them, 257 households (1112 persons) will be affected by land acquisition (without house demolition), which will include 45 households (185 persons) to be affected by the temporary land acquisition); 71 households (307 persons) will be affected by house demolition only (without land acquisition); and 24 households (102 persons) will be affected by both the land acquisition and house demolition. Among the affected population due to land acquisition and resettlement, 419 agricultural persons need economic rehabilitation. About 95 households (409 persons) need to be rehabilitated through replacement housing; and 7 employees in 3 small shops will be provided compensation and rehabilitation for interruption of their business. See table 2.3-4 for details of the affected population in the project.

25 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources Table 2.3-4 Summary of Affected Population Due to Land Acquisition and Resettlement in Leiyang City Urban Flood Control Project

Land acquisition, Demolition, without Land acquisition and Affected Total Demolition is required without demolition land acquisition demolition population Population in Number due to Residential need of Employee Affected Type Sub-districts of Group production Committees Number of Number of Number of Number of Number of economic population (Piece) Population Population Population Population Population and household household household household household rehabilitation enterprise stop I. Permanent land 2 6 30 307 1336 212 927 71 307 24 102 95 409 419 5284 7 acquisition (1) House 2 6 30 307 1336 212 927 71 307 24 102 95 409 419 demolition Shuidongjiang 1 13 125 506 108 436 5 20 12 50 17 70 250 Shuidongjiang 13 125 506 108 436 5 20 12 50 17 70 250 Caizichi 5 17 182 830 104 491 66 287 12 52 78 339 169 Meiqiao 3 47 189 47 189 47 189 Pailou 1 8 31 8 31 30 Qinglu 1 12 52 10 43 2 9 12 52 6 Niezhou 3 12 54 8 33 4 21 4 21 14 Jinnan 9 103 504 88 427 5 34 10 43 15 77 119 (2)Demolition 5284 7 of non-house Enterprise and 5284 institution Individual Engaged in Small-scale 7 Business II. Temporary land 3 1 45 185 45 185 acquisition 1 1 45 185 45 185 Caizichi 1 1 45 185 45 185 Qinglu 1 45 185 45 185 III. Total of affected 2 9 31 352 1521 257 1112 71 307 24 102 95 409 419 5284 7 population

26 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

2.3.3 Houses and Auxiliary Facilities to be Demolished 1) Affected Residential Houses and Auxiliary Facilities by the Project The demolished houses by the project will involve Shuidongjiang Sub-district and Caizichi Sub-district of Leiyang City, 5 villages (residential committees), and 17 villager’s groups. About 95 households (409 resettlers) will be relocated, and all of them are rural resettlers. The total demolished houses amount to 21506.96m2,of which, there are brick concrete 12606.68m2, brick wood, 6402.77m2, wood house and earth wood, 181.95m2, and simple structure, 2315.56m2). Along with house demolition, there are cement sunny ground, 4090.95m2, wall, 764.9m2, pond, 72.41m3, 3 wells, 2 air conditioners, 68 telephone sets, and CATV, 82 households. According to the investigation, in the project land acquisition area, most residential houses are owned by individuals. Most residential houses are one or two-floor houses with brick concrete structure and brick wood structure, and only a few houses are the old ones with wood structures or earth wood structures. Since many demolished houses were built in 1980s, the basic living conditions and the related facilities are considerably poor. Most residents also hope they can move as soon as possible, so as to improve their living conditions. See table 2.3-5 for details of the investigation conditions of the residential houses to be demolished in the project. 2) Affected Non-residential Structures by the Project According to the investigation, in the land acquisition area by the project, 11 enterprises and institutions and 3 small shops will be affected by the land acquisition and resettlement. The area of the demolished non-residential structure is 8956.6m2, of which, the brick concrete structure, 6592.24m2, brick wood structure, 1913.71m2, and simple structure, 450.55m2 (Since 3 small shops are used for both residence and business, the area has been listed in the residential house to be demolished). The affected sunny cement ground is 1423.48m2, the wall is 2661.88m2, and one telephone set. See table 2.3-6 for details of the investigation conditions of the non-residential houses to be demolished in the project.

27 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources Investigation Table of Resident House and Auxiliary Facility to be Demolished in Leiyang City Urban Flood Control Project Table 2.3-5 Population (person) House(m2) Others Auxiliary structure Classification Village Main house Air Wire of residential Sub-districts (residential Household Total of Simple Sunny Telephone SubtotalNonagriculturalAgricultural Brick Brick Earth Well Walls Pond conditioner antenna house committees) houses Subtotal structure Grounds (piece) concrete wood wood (piece) (m2) (m3) (piece) (Piece) (m2) Rural residential 5 95 409 6 403 21506.96 19191.4 12606.686402.77 181.95 3 764.9 4090.95 72.41 2 68 82 house Caizichi 4 78 339 6 333 16368.6614540.38 9118.11 5344.02 78.25 1 217.69 1043.46 30.37 1 52 65 Sub-district Meiqiao 47 189 5 184 6474.11 5920.15 3652.63 2303.06 15.66 81.85 320.4 1 41 44 Village Jinnan Village 15 77 77 4428.76 3426.16 927.5 2436.07 62.59 1002.6 22 95.55 9 17 Niezhou 4 21 1 20 1182.59 914.47 367.32 547.15 268.12 1 71.6 187.59 30.37 2 4 Qinglu 12 52 52 4283.2 4279.6 4170.66 108.94 3.6 42.24 439.92 Shuidongjiang 1 17 70 70 5138.3 4651.02 3488.57 1058.75 103.7 487.28 2 547.21 3047.49 42.04 1 16 17 Shuidongjiang 17 70 70 5138.3 4651.02 3488.57 1058.75 103.7 487.28 2 547.21 3047.49 42.04 1 16 17

28 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Investigation Table of Affected House and Auxiliary Structure of Enterprise and Institutions by Project Occupation and Acquisition Table 2.3-6 House (m2) Auxiliary structure Character Main house Sunny Telephone Sub-district Name of Unit Simple Wall of Unit Total Brick Brick ground (Piece) Subtotal structure (m2) concrete wood (m2) 8 8956.5 8505.95 6592.24 1913.71 450.55 2661.88 1423.48 1 Enterprises 2 160.72 116.68 10.2 106.48 44.04 Real Estate Caizichi 34.56 34.56 34.56 Company Vegetable Caizichi 126.16 82.12 10.2 71.92 44.04 Company Institutions 6 8795.78 8389.27 6582.04 1807.23 406.51 2661.88 1423.48 1 Leiyang No.1 Caizichi 5745.43 5537.38 5058.56 478.82 208.05 1215 585 Middle School Water Caizichi Resources 6.44 6.44 6.44 213.5 Bureau Waterway Caizichi Control 1986.84 1962.84 975.9 986.94 24 380 745.48 Bureau Hydrologic Caizichi 838.67 664.21 367.14 297.07 174.46 419.6 93 1 Station Shuidongjiang Garden Office 44.4 44.4 44.4 200 Shuidongjiang Waterworks 174 174 174 233.78

3) Affected Temporary Structure by the Project According to the investigation, there is no temporary structure in the land acquisition range of the project. 4) Affected Illegal Structure by the Project According to the investigation, there is no illegal structure in the land acquisition range in the project. 2.3.4 Scattered Trees During investigation process to the mainly affected tangible materials indices in the project, the scatted tress around affected houses, and various scattered mature trees in the fields and roadside have been checked, accounted, and investigated in turn according to their species and dimensions. According to the actual investigation and statistics, in the project, 62 scattered mature trees shall be chopped, of which, 1 fruit tree, and 61 other trees. See table 2.3-7 for details.

29 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Investigation Statistical Table of Scattered Mature Trees to be Chopped in Leiyang City Urban Flood Control Project Table 2.3-7 Scattered Mature Trees to be Chopped (Piece) Village Township Fruit Trees (Residential Remarks (Sub-districts) Total Without Other Trees Committees) Subtotal With Fruits Fruits Caizichi Sub-district 2 62 1 1 61

Meiqiao 14 14 Village Jinnan 48 1 1 47 Village

2.3.5 Affected Individuals Engaged in Small-scale Business According to the investigation statistics, there are 3 individual small shops in the affected range, and the operation area is about 99.6 m2, and the affected individuals engaged in small-scale business are 7. As the affected small shops are the unprofessional ones used for both private residence and business, and the operators mainly use the old houses for operation, the scale is considerably small (the average operation area is about 33.2 m2), and their main customers are local residents, the flow population is relatively small, and the business is in a poor condition generally. As these individual small shops are mainly used for residence, the area has been listed in the residential house to be removed. See 2.3-8 for details of the affected individual commerce small shops in the project. Table 2.3-8 Basic Conditions Table of Small Shops to be Demolished in Leiyang City Urban Flood Control Project

Village Population of Township Operation Operation Area (Residential Operation Item Employer (Sub-district) Employer (m2) Committees) (Person) Caizichi 1 3 99.6 7 Sub-district 1 3 99.6 7 Qinglu 3 99.6 7 Zheng Cheng 40.6 Catering 3 Yu Jian 20.4 Tyre repairing 2 Li Wanjie 38.6 Repairing 2

30 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

2.3.6 Affected Enterprises and Institutions According to the investigation, 8 enterprises and institutions will be affected by the land acquisition and house demolition in the project area. The total number of employees is 5284, and the land acquisition covers 208.6 mu. See table 2.3-9 for details of the basic conditions of the investigated enterprises and institutions. 1) Enterprise: For 2 enterprises in the affected area, since only administrative structure or auxiliary structure are affected by land acquisition and demolition, but the main production and business operation will not be affected. 2) Institution: In the affected area of the project, 6 institutions will be affected by land acquisition of the project. Since only part of management houses are affected by the land acquisition, no relocation is required. The offices could be readjusted within the enterprise by themselves, or replaced by new structures. Basic Conditions Table of Affected Enterprises Due to Land Acquisition and Resettlement in Leiyang City Urban Flood Control Project Table 2.3-9 Original Area of Population Value of Annual Population Character Name of Land of Main Fixed Taxes State of of Affected Affected Degree of Unit Unit Acquisition Employees Products Assets (10,000 Operation Employees (mu) (Persons) (10,000 Yuan) (Person) Yuan) 8 208.6 5284 Enterprises 2 27 19 Real Estate Part houses will 14.6 11 Payoff Company be demolished Vegetable Part houses will 12.4 8 Payoff Company be demolished Institutions 6 181.6 5265 Leiyang No. Normal Part houses will 1 Middle 130 5172 operation be demolished School Hydrologic Normal Part houses will 2.5 6 Station operation be demolished Waterway Normal Part houses will Control 8.5 17 operation be demolished Bureau Garden Normal Part houses will 12 14 office operation be demolished Normal Part houses will Waterworks 28.6 56 operation be demolished Water Normal Part houses will Resources 18.6 70 operation be demolished Bureau

31 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

2.3.7 Affected Special Facilities by the Project The investigators have conducted the site investigation and registration to the affected traffic facilities, transformation facilities, post line, and other special facilities to be resumed or rebuilt according to the project land acquisition range confirmed by the design. For the affected places in the project, mechanical farm road, 0.6km, one minor bridge, one culvert, 10KV high-voltage line, 0.6km, 380V low-voltage line, 0.3km; post line with specification of electric cable HYA3-0.5, 0.5km, and 5 electric pumping stations, 203kw. See Table 2.3-10 for details of statistics about survey on the special facilities affected in project. Investigation Table of Special Facilities in Leiyang City Urban Flood Control Project Table 2.3-10 Hydraulic Traffic Facilities Transformer Facilities Facilities Electric Village Highway bridge pumping Communications Sub-districts (residential High voltage Low voltage station Mechanical line (Piece/km) Committees) Minor wire wire farm road bridge (Piece/km) (Piece/km) Culvert kw Place (8-30) m 0.6 1 1 0.6 0.3 203 11 0.5 Shuidongjiang 1 0.3 109 5 Sub-district Shuidongjiang 1 0.3 109 5 Caizichi 0.6 1 0.6 94 6 0.5 Sub-district Meiqiao 0.6 1 22 2 Pailou 0.6 57 3 Qinglu 15 1 0.5

2.3.8 Affected Cultural Relics and Vulnerable Groups Due to Project 1) Affected cultural relics in the project: According to the investigation, there is no cultural relic and historical site, which shall be vitally protected in the project land acquisition range. 2) Women: As the rights, interests, and statuses of women in Leiyang City are the same as those of men, it’s not required to give special attention to them. 3) Vulnerable groups: Mainly include poor families (per capita income is less than 130 yuan/month), handicapped families (disabled persons), families that the elder lives alone, and families of minorities. 37 vulnerable persons in 15 households will be affected by the project, accounting for 9.1% of the total affected population. They are mainly the handicapped families (disabled persons), elder lives alone, and single-parent family headed by women. During resettlement process, the affected vulnerable groups in the project will be further confirmed through comparison and analysis between

32 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

the member structures in resettlement facilities, employment status of labor, family resources, and other conditions and the data of the local civil affairs departments. Once the affected households are proved to be the vulnerable groups, the project execution agency will give special help to them during resettlement implementation process. 2.4 Impact Analysis of Project 2.4.1 Project Impact Characteristics 1) In the project land acquisition area, the impact on the population, residential houses and cultivated land is considerably small. The affected population by the project demolition occupies 1.22% of the total population in the village and group, and the affected cultivated land occupies 2.42% of the total cultivated land in the village and group. 2) The affected population and house by the project construction is 95 households (409 persons) and 21506.96 m2 respectively, they are mainly centralized in Shuidongjiang and Caizichi Sub-districts, occupying more than 82% of the total affected population. In the houses to be demolished, about 88.39% houses are brick concrete and brick wood structures, the brick concrete structure occupies 58.62% of the houses to be demolished, and the brick wood structure occupies 29.77% of the houses to be demolished. 3) The permanent land acquisition with an area of 265.32 mu is required for the project construction, of which, the cultivated land to be acquisitioned is 157.28 mu (all of them are dry farmland), accounting for 59.28% of the total land to be acquisitioned. The rest 40.72% is garden land, water pond, housing plot, land for state industry and unused land. These cultivated land to be acquisitioned are distributed in 30 villager’s groups in 6 villages of 2 sub-districts in Leiyang City, with the linear and scattered characteristics. 4) The 3 individual small shops affected by project construction are the unprofessional ones for both residence and business, the scale is considerably small, the average operation area is 33.2m2, and the business profits are lower generally. 5) Eight enterprises and institutions will be affected by land acquisition and demolition in the project area, of which, 2 enterprises and 6 institutions. As only the auxiliary production houses or production houses of the enterprises and institutions are affected, its normal production, operation or office will not be largely impacted by project construction. 6) There are no important special facilities in the project land acquisition and resettlement area, except for few high-voltage transmission lines and telecommunication lines, the rest is the rural small infrastructure. 2.4.2 Impact Analysis Evaluation The construction of project will damage the original production system in the affected area, and

33 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

certain impacts will be brought to the local production and livelihood accordingly. The losses of the land resources will destroy the material conditions for livelihood of part of the farmers, so, they shall adapt to new environment for working and livelihood again. The staff of the design unit have fully considered the destructive effect of land acquisition on the local production and livelihood system during project design process, and accordingly, they have constantly optimized the project design, adopted project measures to reduce the land acquisition area, and relieved the impacts of project construction on local production and livelihood. At the same time, as the project is distributed in linear shape along Leishui River, according to the analysis on each villager’s group, among 23 villager’s groups in 6 villages affected by the project land acquisition, 8.42% of the land will be lost in each affected village on average, the impact of land proportion on 22 villager’s groups is less than 20%, and the proportion of the land impact on 14 villager’s groups is less than 10%. Therefore, the impact of the project construction on the agricultural production of each village and group along the line is little, for the whole project area, its impact is local, and no large impact will be brought to the local agricultural production, people’s livelihood, and development of social economy. Nowadays, the topography of the project impact area is low and flat, and wide, most areas often suffer from flood and waterlogging disasters, which restrict the development of local economy, the project construction has provided a chance for reconstruction of production system and social system for resettlers. After completion of the project, the capability of flood control and emergency service along the new embankment will be greatly improved, and the disastrous degree of flood will be reduced, so as to provide a better environment that safeguard peoples’ lives and properties. At the same time, the circulation of the agricultural products and byproducts will be accelerated, and the development of local agricultural production will be improved. In addition, combinations of adjustment of agricultural plantation structure, perfection of farm and hydraulic facilities, reconstruction of farmland with low and middle yield of the resettlers, full exploitation of land resources potential are also the protective policies for cultivated land in project land acquisition according to the Land Administration Law of the People’s Republic of China. According to the compensation system for cultivated land acquisition, and the policy of “Cultivate what is occupied”, try best to compensate the lost cultivated land, so as to reach a balance of acquisition and reclamation. Through resettlement planning, try best to resettle the resettlers in the areas with considerably superior natural and traffic conditions, and social environment. Additionally, the preferential treatment and support will be given to the resettlers from policies, technologies, funds, and substances, so as to ensure that they will resume or reach the former level as soon as possible.

34 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

3. Natural and Socio-Economic Conditions of the Project-Affected Areas 3.1 Natural Conditions of the Project-Affected Areas 1) Topographical and Geological Conditions The project area is situated in the transitional belt from Hengyang Basin toward Nanling Mountains range with the south-east and south-west higher and the middle and north-west lower, gradually becoming lower to the north-west in arc shape. The relief type is various, mainly hilly regions (accounting for 55%). The site with the max. height is Yuanming’ao of Liangyuan Township with an altitude of 845m, while the site with the min. height is Huayuan’an of Yongji Town with an altitude of 63m. According to the GB18306-2001 Version China Earthquake Peak Value Acceleration Regionalization Map, the earthquake basic intensity is VI degree, belonging to relatively stable area. 2) Hydrologic and Meteorological Conditions This region is classified as the subtropical continental monsoon wet climate zone, with mild climate, adequate sunlight, centralized rainstorm and distinct seasons around the year. The annual average temperature is 17 ~18 ; the max. air temperature in past years is 40 and the min. temperature is –7.7 . The annual average sunshine time is 1640h; the mean annual precipitation is 1337mm. The average precipitation from April to June is 849.6mm, 16% of the rainfall in a whole year. The wind direction in this region changes as season varies. The north and northwest winds prevail in autumn and winter and the south-east wind prevails in spring and summer with an annual average wind velocity of 2.2m/s. The main rivers in the Leiyang City area are the Leishui and Chongling River, the first grade branch of Xiangjiang River, with rich water volumes and large falls. The floods in the river basin are created mainly by the storms. They mainly focus on April ~ August. 3) Soil Characteristics The soil type is various, mainly loam. The soils are classified as 8 soil groups, 17 subgroups, 61 soil genus and 645 soil species. The red loam mainly distributes in the low hilly areas in the south-east, the paddy soil and purple soil are mainly distributed in north-west hillocks and plain areas. The urban soil is made of alluvial deposit and red soil in Quaternary Period, which is dualistic structure, and mainly sand soil and sandy loam soil, partly red loam with loose quality and rich and thick soil layer. 4) Geological Resources The cereal crops are mainly paddies with a yield of 0.44 million tons, and wheat and sweet potato.

35 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

The economic crops are mainly cotton, cole, roasted tobacco, oranges, tea leaves, citron daylily and Chinese chestnut, etc. The cotton has an annual yield of 40,000 dans (50kg/ per dan). The current forest area is 0.159 million hectares, and the forest storage is 0.958 million m3. The timber forest is mainly Chinese fir, pine, catalpa and tree, etc., the economic forest is mainly oil tea and Phoebe Zhennan, of which, oil tea area is 1.21 million mu with a yield of 3.50 million kg, listed at the top in the whole province, and the Phoebe Zhennan has a storage of 20,00 million pieces and has the commercial bamboo produced for 0.50 million. In the agricultural special products, tea oil and tealeaves are well-known, the former has clear color and sweet flavor, high oleic acid content and rich nourishment, therefore, well sold in a variety of places in our country; Jiangtou tealeaves was listed the tribute and imperial tea in the middle period of Tang Dynasty. The mineral resources are quite rich, almost 45 kinds in 8 categories, mainly coal, kaolin, marble, iron, manganese, lead, antimony, niobium and tantalum, uranium, etc. The exploration reserve of coal is 460 million tons, listed the top in Hunan Province; Gaolin has the reserve of 36 million tons with good crystal shape and fine granularity, available for paper-making and coating; marble has rich reserve and good texture, once supplying excellent white marble for construction of Great Hall of the People, Monument to the People’s Heroes and Yellow Crane Tower. 5) Tourist Resources The outstanding personalities who have lived here lend miraculous luster to the landscape of the locality. made paper that is beneficial through unnumbered ages; Gu Lang put down a rebellion which left behind a much-told tale. Accordingly, in the region, Lord Cai Lun Temple, Cai Lun Paper-Making Pool, Cai Lun Tomb, Du Ling Temple, Du Fu Tomb, Huanxiu Tower in early Ming Dynasty, Lingyun Tower in Qing Dynasty, which were built to commemorate them and nowadays become the places to cherish the memory of them; There are a lot of other scenic spots such as Zhidiao Rock, where Marquis Zhang Liang in Han Dynasty was once reclusive, Houqixian, where Zhuge Wuhou stationed troops in the Period, Wufengxian enveloped in cloud and mist, Tangquan Hotspring which can let tourists have a bathe and be curative to them. The Leiyang 10 Sceneries of Mafu Haze in Cloudless Days, Luqi Night Cloud, Xihu Water Lily, Yikou Fishing Families, Duling Misty Rain, Moon Night on the Cai Pool, Huazhou Spring Tide, Leijiang Evening Glow, Qinglu Billows and Gaogang Fragrant Grass, which are so perfect treats to the tourists’ eyes that they can’t tear themselves away from them. 3.2 Socio-Economic Conditions in the Affected Areas of Project Leiyang City is situated in the South-East of Hunan Province and the lower reaches of Leishui River with a covering area of 2656km2, governing 21 townships, 10 towns and 3 sub-districts. The population is 1.2350 million by the end of 2001, increasing by 4400 than the last year or 0.4%, of

36 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

which, males were 0.6441 million, female were 0.5909 million, the agricultural population was 1.0647 million and the non-agricultural population was 0.1703 million, and the natural growth rate was 6.35‰. The planned urban area was 54km2, and the developed area was 12.5 km2. Leiyang City has a long history, and was one of the old cities with county level administration in Hunan Province and called Famous and Renowned Region in Jingchu (Jing was Hubei Province, was Hunan Province). In Xia and Shang Dynasties, it was divided into Old , in Zhou Dynasty, it belonged to Chu, in Qing Dynasty, it was set as Lei County, and finally in the 5th year of West Han Dynasty, it was denominated as Leiyang County due to water. In , it began to climb from the county to Prefecture, in Ming and Qing Dynasty, it was county level administration. In 1939, the anti-Japan war period, the Provincial Government of Hunan was moved to Leiyang due to avoidance of war attack. Later in 1986, it was changed from county to city, subject to Hengyang City of Hunan Province. In the recent years, the city has expanded the investment on infrastructures, optimized economic developing environment, and strengthened business and capitals introduction for foreign investment. The economy for Leiyang has been developed steady, with increasing value of total economic output. The proportion of the tertiary industry has been increased and the ratios of three sectors become more reasonable. The total GDP for 2003 was RMB 5140 million, increasing by 9.5%, compared with the last year, including RMB 1557 million yuan for the primary industry with an increase of 3.9%; RMB 1757 million yuan for the secondary industry with an increase of 13.7%; RMB 1808 million yuan for the tertiary industry with an increase of 10.8%. 1) Agriculture In 2001, the whole city led a steady development. According to the market demands, the plantation structure of crops was made great adjustment, and the plantation areas of economic crops were expanded. The total agricultural output value was RMB 2374 million yuan, increasing by 3.9%, of which, the plantation output value was 920 million yuan, increasing by 3.8%. The fishery production was developed stably. The yield of aquatic products was 0.0225 million tons, increasing by 4.7%. The basic structure of agriculture is in the process of optimizing, the industry of excellent-quality and hi-efficiency had got quick development, the agricultural industrialization degree was improved, the water conservancy had the investment added, the effective irrigation areas of farmlands kept basically steady, and the agricultural production conditions had got improved. 2) Industry and Architecture The industrial production is in quick development. The total output value of state-owned and non-state-owned industries with annual sales incomes of more than 5.00 million yuan was 1456 million yuan, increasing by 33.8%, of which, the state-owned or state controlled enterprises

37 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

completed 961 million yuan, increasing by 20.4%, the collective enterprises completed 362 million yuan, increasing by 56.1%, the joint-venture completed 51 million yuan, increasing by 76.1%, and the foreign-funded and enterprises invested by Hong Kong and Macao people completed 82 million yuan, increasing by 33.5%. The light industrial enterprises completed 37 million yuan, increasing by 111.9%, while the heavy industrial enterprises completed 1419 million yuan, increasing by 32.0%. The industrial production and sales ratios were slightly increased in stable process, and the industrial economic efficiency continued to be improved. In the whole year, the production and sales ratios with over scale was 100.5%, increasing by 0.3% compared with the last year. The comprehensive index of the industrial economic efficiency was 94. The whole year realized taxation of 77 million yuan, increasing by 14.8%. The production of architecture kept steady increase. The architecture enterprises with 4th-grade and above certification, completed the total output value of 147 million yuan, increasing by 21.4%, and the construction area for houses was 0.1416 million m2, and the completion area for houses was 0.0841 million m2. 3) Fixed Assets’ Investment The investment on the fixed assets was increased greatly, having an important impact on the economic growth. In 2001, the social fixed assets investment was 942 million yuan, increasing by 47.2%, including 476 million yuan for the stated-owned or other economic investment with an increase of 123.1%, 87 million yuan for the collective economy with an increase of 0.1%, and 379 million yuan for the individuals with an increase of 11.5%. Among the total investment amount, the infrastructure investment occupied 353 million yuan, increasing by 189.3%, the innovation and reconstruction investment occupied 101 million yuan, increasing by 64.2% and the real estates investment was 43 million yuan, increasing by 121.1%. 4) Transportation and Postal Industries The traffic and transportation industry has achieved stable increase. The cargo transportation turnover by all means has reached 536 million ton/km, increased by 7.9% over the last year; the passenger transportation volume is 46800 person/km, increased by 8.9% over the last year. The postal and telecommunication industries also keep rapid development. RMB 80.74 million has been achieved by postal and telecommunication industries in the full year, increased by 11.7% over the last year. At the end of year 85818 households have been equipped with telephone, 10559 households increased over the last year. The popularization rate of telephone in the city has reached 7 sets per 100 persons, the IP users are 6975 households and at the end of year 31960 households have mobile phones. 5) Domestic Trade, Market Price and Foreign Trade

38 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

With the rapid increase of national economy and impulse of policy for enlarging domestic need, the commodity sale has achieved stable increase. The total amount of social consumable retail was RMB 1345 million in the full year, increased by 14.3% over the last year. Among it RMB 882 million for city consumption, increased by 17.2%, and RMB 463 million for rural consumption (including county and those below county level), increased by 9.2%. The retail saleroom of wholesale and retail trade is RMB 851 million, increased by 10.1%; the catering industry for RMB 143 million, increased by 11.3%. The active trade on the bazaar has achieved RMB 1155 million of business, increased by 9.1%. The commodity prices keep stable on the market. The whole level of civil consumption price in the full year has been advanced by 1.6% over the last year, among which 7.5% for service price increase; while the whole level of commodity retail price has been decreased by 0.3%. 6) Finance and Insurance Industries RMB 172.62 million of total financial income was achieved in 2001, which is 103.4% of the budget, in which city-level financial income accounts for RMB 138.46 million, 102.8% of the budget. While the total expenditure of finance is RMB 242 million, increased by 7.6% over the last year, in which RMB 2.63 million for supporting agricultural production, RMB 67.18 million for education, RMB 16.39 million for sanitation costs and RMB 24.51 million for administrative costs. Due to the basically stable financial situation, the saving and loan amounts have increased. At the end of year the surplus amount of various saving in financial organs has achieved RMB 3189 million, with net increase of RMB 502 million over the early year, and the increase rate is 18.7%. The surplus amount of residents’ savings in the city and township has achieved RMB 2675 million, which is RMB 381 million increased over the early year and the increase rate is 16.6%. The surplus amount of various loans is RMB 1239 million, increased RMB 107 million over the early year, in which RMB 95 million for industrial loans and RMB 337 million for commercial loans. The insurance industry also gets continuous development. The income of insurance fee has achieved RMB 45.25 million, increased by 8.6% over the last year. The payment for various compensations is RMB 25.84 million with the compensation rate of 57.1%. 7) Culture, Sanitation, Physical Training, Technology and Education Due to rapid development of cultural and educational industries, in the end of year, there is 1 art performance group, 1 cultural building, 1 public library, 1 memorial, 1 comprehensive files building, 1 broadcasting station and 2 TV stations in the whole county. The TV coverage rate has reached 96%, and 2.45 million newspapers have been published in the whole city. The sanitation industry also got continuous development. At the end of year 54 sanitation organs with 2882 health technicians (including 773 doctors, 675 orderlies and nurses) have been set up in

39 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

the city. It can provide 1785 beds for the patients, in which hospitals and health institutions possess 1657 beds. Moreover there are 2 health epidemic prevention and cure organs with 135 health technicians, as well as, 1 women and children health care organ with 84 health technicians in the city. The physical training industry is developed stably as well, as many public physical activities have been carried out in the whole city. The technological troop is continuous developed with new advancement of technological innovation. At the end of 2001 there are 22710 technicians of various majors in all enterprises in the city, increased by 0.5% over the last year. In the whole year 18 items of technological results have been popularized and transformed, among which 2 items are big projects. The technological contribution to economy has been improved continuously. Owning to stable development of education industry, there are 67 common high schools with 59700 students, and 539 common primary schools with 124500 pupils in the city. The enrollment rate of the right age children for entering primary school has reached 99.9% and there are 5339 children in the kindergartens. 8) People’s Livelihood, Municipal Construction and Environmental Protection The income of residents in the city and township has increased. In 2001 the disposable income of residents in town reached RMB 5540 per person, increased by 11.7% over the last year; while the disposable income of farmers has been achieved at RMB 2703 per person, increased by 3.9%. The residents’ housing condition also got improvement. For the residents in the town the housing area is 18.4 square meter per person, increased by 3.1% over the last year; while for the farmer the housing area is 31.5 square meter per person, increased by 2.4%. The social welfare also got further reinforcement. In 2001 with the rapid construction of social welfare system, 41928 employees in the city and town, 9046 retired employees have purchased insurance for the aged, in addition to 21701 employees purchased jobless insurance. The municipal infrastructure facilities were improved and the municipal management was reinforced. By the end of 2001 the municipal area has reached 30 square kilometers, among which the constructed area accounts for 23.31 square kilometers; the road area in the city is 1.767 million square meters; the comprehensive tap water supply capacity is 50000 tons/day, and the popularization rate of tap water is 60.2%. The environmental protection tasks also got advancement. In 2001 the executive rate of environmental impact estimate system due to the construction project in the city has reached 100%. In the whole year 6 projects for renovating environmental pollution in limit time have been achieved with the total investment of RMB 3.61 million. The total outlet amount of city’s main infectants decreased by 10% over the last year, and above 95% of them achieved the standard outlet.

40 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

3.3 Socio-Economic Conditions of Townships (Sub-districts) and Villages in the Affected Areas of the Project The land requisition will have certain influences on 2 townships, and 6 administrative villages. In Nov. of 2004, under the arrangement of the Provincial PMO, the local PMO and the design institute organized a thorough investigation on of the socio-economic conditions, production and living statue in the affected townships (sub-districts), and administrative villages (residential committees) with participation of by the Municipal PMO, the removed households design institutions for resettlement and other associate units. 1) Socio-Economic Conditions in the Affected Towns (Sub-district) According to the investigation, the project has impacts on the affected 24 village committees in 2 sub-districts with a population of 61170 in 14881 households, including an agricultural population of 52267 in 12791 households, accounting for 85% of the total rural population; There is an employed population of 29039, of which those undertake agricultural production are 16347 persons, accounting for 56% of the employed population. The 2 sub-districts have a cultivated land area of 26901.45mu (including 7223.22mu for paddy fields), and cultivated land per capita was 0.51mu; In 2003, the economic output value was RMB 798.53 million yuan, with a major income source from industry, architecture and commercial drinking, which are accounting for 20.66%, 30.19% and 20.35% of the total. For the details, please see Table 3.3-1. 2) Basic Conditions in the Affected Villages (residential committees) The investigation shows that the 6 affected administrative villages (residential committees) have a population of 30892, including an agricultural population of 21341, accounting for 69.08% of the total population; The current cultivated land area is 4930.6mu, including 1889.57mu for paddy fields, 3041.03mu for dry farmlands, and for the agricultural population, the per capita farmland is 0.23 mu. According to the investigation, the income per capita of the 6 administrative villages (residential committees) is RMB 2000 yuan/year~3500yuan/year. In 2003, the average income per capita of the affected villages (residential committees) was RMB 2565 yuan/year, slightly lower than the average level for Leiyang City or 2658 yuan per capita. Among the 6 administrative villages (residential committees), there are only 2 minorities, accounting for 0.01% of the total population, all belonging to Miao Minority. In addition, there are 357 persons in the vulnerable group, such as poverty- stricken, disabled families deformities and aged people ‘s families that live alone, accounting for 1.16% of the total population. For the basic conditions of the affected villages in the project, see Table 3.3-2.

41 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Table 3.3-1 The Socio-Economic Conditions of the Affected Towns and Townships (Sub-districts) by Leiyang City Urban Flood Control Project Shuidongjiang Caizichi Indices Unit Total Sub-district Sub-district I Basic conditions (I) Residential committee piece 24 9 15 (II) Villagers’ committee piece 19 7 12 1. Villages with electricity piece 22 7 15 2. Villages with postal communication piece 22 7 15 3. Villages with telephone piece 22 7 15 4. Villages with highways piece 22 7 15 5. Villages with water supply piece 5 1 4 (III) Households in villages household 14881 4309 10572 1. Non-agricultural households household 1910 1910 2. Agricultural households household 12971 4309 8662 (IV) Population in Villages person 61170 17632 43538 1. Non-agricultural population person 8903 8903 2. Agricultural population person 52267 17632 34635 (V) Labor forces in villages person 31377 9348 22029 (VI) Employed population in villages person 29039 9208 19831 1. Employed population in Agriculture person 16374 3610 12764 2. Employed population in Industry person 1800 760 1040 3. Employed population in architecture person 3649 1990 1659 4. Employed population in Traffic, storage person 1197 550 647 and post 5. Employed population in wholesale and person 1353 560 793 retail 6. Employed population in Accommodation person 1384 920 464 and dining 7. Others person 3053 589 2464 II Agricultural production conditions (I) Cultivated area mu 26901.45 6942.8 19958.65 1.Paddy field 7223.22 5682.9 1540.32 2.Dry farmland 5768.23 1259.9 4508.33 (II) Total cultivated area of crop mu 55773.8 18961.8 36812 1.Grain cultivated area mu 43757.8 13243.8 30514 2.Yield of per unit area kg／mu 347 327 357 3.Yield ton 15205.43 4324.8 10880.63 (III) Per capita plantation area of agricultural mu/person 0.51 0.39 0.58 population III Economic conditions of countryside (I) Total economic income 10000 yuan 79853 12026 67827 1.Agricultural income 10000 yuan 6514 3366 3148 Including: plantation income 10000 yuan 5116 2663 2453 Other agricultural incomes 10000 yuan 1398 703 695 2.Forestry income 10000 yuan 214 144 70 3.Animal husbandry income 10000 yuan 5069 2403 2666 4.Fishery income 10000 yuan 710 332 378 5.Industrial income 10000 yuan 16498 962 15536 6.Agricultural income 10000 yuan 24111 3076 21035 7.Transportation income 10000 yuan 3938 938 3000 8.Catering income 10000 yuan 16252 420 15832 9.Serving income 10000 yuan 5049 362 4687 10.Other incomes 10000 yuan 1498 23 1475 (II) Income per capita of farmers Yuan 2529 2148 2910

42 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Table 3.3-2 The Basic Conditions of the Affected Villages

(Residential Committees) by Leiyang City Urban Flood Control Project

Population (person) Plantation area (mu) Plantation National minorities Vulnerable groups Village Income of Town and township area of (Residential Agricultural Non-agricultural Paddy Dry per capita Persons Percentage Persons Percentag (Sub-district) Total Total per capita Committee) population population field farmland (yuan/year)(Person) (%) (Person) e (%) (mu) 2 6 30892 21341 9551 4930.6 1889.57 3041.03 0.23 2565 2 0.01 357 1.16 Shuidongjiang 1 4180 4180 1258.75 667.94 590.81 0.3 2105 156 3.73 Shuidongjiang Residential 4180 4180 1254.35 667.94 586.41 0.3 2105 156 3.73 Committee Donglu Residential 2651 2651 1585.85 1396.9 188.95 0.6 2086 45 1.7 Committee Caizichi Sub-district 5 26712 17161 9551 3671.85 1221.63 2450.22 0.21 3025 2 0.01 201 0.75 Pailou 3032 3032 554.74 554.74 0.18 3040 96 3.17 Qinglu 3365 3365 1192 301 891 0.35 3041 39 1.16 Niezhou 10241 1770 8471 598.43 335.56 262.87 0.34 3011 38 0.37 Jinnan 3764 3764 1256.68 540.07 716.61 0.33 2910 Meiqiao 6310 5230 1080 70 45 25 0.01 3122 2 28 0.44

3.4 Basic Conditions of Relocatees 3.4.1 Investigation Objectives 1) Introducing the positive significance of urban flood control project to the relocatees; 2) Investigating and comprehending the affected degree of the relocatees; 3) Soliciting opinions from the relocatees to reflect their willingness in the schedules of rehabilitation for production and livelihood 4) Analyzing the economic incomes and expenditures, determining the economic development objective and providing accurate basis for resettlement planning; 5) Establishing economic incomes model for relocatee’s families; and analyzing and forecasting changes of economic incomes. 3.4.2 Investigation Content The socio-economic investigation is classified into two kinds: one kind is investigation on the basic. Social and economic conditions of affected households, another is investigation on the wish of the relocates. 1. Basic Conditions of Affected Households Basic Family Condition: will include family members, age, sex, educational level, career, nationality, housing area and structure. Household Properties: The means of livelihood consist of big furniture, color (black and white) TV,

43 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

refrigerator, washing machine, VCD, air conditioner, water heater, electric fan, electric cooker, motorcycle, bicycle, telephone, etc; While the means of production comprise land, water surface, household industrial and subsidiary production as well as production machinery such as tractor, thresher, grinder, water pump, livestock for cultivation, agricultural tricycle, automobile, motorcycle and barge. Agricultural production conditions and income levels: The contracted land comprises cultivated land, garden plot, woodland and lands for other usage; The yield of agricultural products consist of grain yield, other crops’ yield and grain possession; The household incomes include incomes from plantation, animal husbandry and other non-agriculture; The household expenditures include expenditures for living, interpersonal communication, education, agricultural costs, taxes and others; The annual net income per capita of households. 2. Investigation on relocatees’ willingness The investigation on relocatees’ willingness mainly consists of the awareness on the project, channels to comprehend the project, attitude, expected production and resettlement modes in addition to the other most concerned problems. 3.4.3 Investigation Method and Procedure In Nov. of 2004, the resettlement survey team, under the cooperation of the governments at all levels in the project area, conducted a detailed survey on the basic social economic conditions of the affected households and the relocatees’ willingness 1) Investigation on the Basic Conditions of Affected Households For the investigation on the basic conditions of affected households, a sampling survey in site was made to the affected households. After filling the questions of survey form, the affected households made signature for confirmation. 57 households within the affected area of the project were selected as the sample, accounting for 18.57% of the total affected households. The selected samples basically cover most affected townships and villages, except the areas affected by the temporary land occupation. The samples are representative and typical and can be used for basis for the project impact analysis. For the detailed sample survey distribution of removed households, see Table 3.4-1.

44 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Table3.4-1 Sampling Distribution Table of the Affected Immigrants Table 3.4-1

Affected Village Total Affected Sampling Sampling Percentage Sub-district (Residential Households Households (%) Committees) 2 6 307 57 18.57 Shuidongjiang 1 125 9 7.2 Sub-district Shuidongjiang 125 9 7.2 Residential Committee Caizichi Sub-district 5 182 48 26.37 Meiqiao Village 47 23 48.94 Jinnan Village 103 12 11.65 Niezhou 12 3 25 Qinglu 12 7 58.33 Pailou 8 3 37.5

2) Investigation on relocatees’ willingness and attitudes Investigation on relocatees’ willingnessfor adopts the mode of sample survey with a sampling ratio of 17.8%. The resettlement planning team prepared a survey form. The different levels of governments organize people to distribute survey forms in the project areas and ask affected people to fill up. In the affected area of the project, there are 19 survey forms issued to the relocatees, and 17 effective forms returned with an effective ratio of 90%. 3.4.4 Investigation Results and Analysis 1) Investigation on the Basic Conditions of Removed Households The sample survey and analysis shows that: Household Size of the affected households: 5.09 persons / family in average in the affected area of the project, including 2.98 persons for labor forces with age 17~60, 1.37 person of younger than 17 years old and 0.74 person of older than 60 years old. Gender Percentage: The male/female ratio in the project area is 1:0.87. Age makeup: The labour forces at age of 17~60 possess 58.62% of the total population, 24.9% for younger than 17 years old and 14.48% for older than 60 years old. Ethnic Background: All of the affected people are classified as Han Nationality. Educational level: In the affected area of the project, every 100 persons, there are 4 persons with educational level of higher than senior middle school, 27 persons with educational level of senior middle school, 41 persons with educational level of junior middle school, 21 persons with primary school and 7 illiteracies or half-illiteracies.

45 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Housing area per capita: The housing area for every household is 377.32m2 and that per capita is 74.16m2. The structures of houses are mainly brick-concrete and brick wood structure. The land contracted by the collective: In countryside, each household contracts 1.58 mu of cultivated land, averaging 0.31mu per capita; The grain yield of each household is 1588.14kg in average 312.15kg per person; Each household has average 3.7 live livestock for sale and 31.28 for poultry. Family property: For every 100 households, there are 156 TVs (17 for Black and White TV and 139 for Colour TV), 160 electric fans, 53 refrigerators, 44 washing machines, 53 bicycles, 33 motorcycles, as well as 204 big furniture such as sofas, big bureaus and chest of drawers. Economic incomes and expenditure: Each household has an annual total incomes of RMB 9875.16 yuan, averaging RMB 1940.11 yuan per household; Each household has an annual total expenditures of RMB 9510.74 yuan, the annual expenditure per capita is RMB 1868.52 yuan; Each household has an annual net incomes of RMB 9625.32 yuan averaging RMB 1891.03 yuan per capita. For the total basic conditions of the affected households by the project, see Table 3.4-2. Table Investigation Table for Basic Conditions of Households of Leiyang City Urban Flood Control Project Table 3.4-2

Shuidongjiang Samples Total Caizichi Sub-district Sub-district Items Unit Indices per Indices per Indices per Total Indices per Total Indices per Total Indices per household household household I Affected household

size 1. Sampling households Household 57 9 48 2. Total Population of Person 290 5.09 42 4.67 248 5.17 Household Including: female Person 135 2.37 20 2.22 115 2.4 3. Labor forces of Person 170 2.98 25 2.78 145 3.02 17~60 years old 4. Population younger Person 78 1.37 10 1.11 68 1.42 than 17 5. Population older than Person 42 0.74 7 0.78 35 0.73 60 II Educational level １. Samples Household 57 9 48 2. More than senior high Person 12 0.21 3 0.33 9 0.19 school

46 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Table Investigation Table for Basic Conditions of Households of Leiyang City Urban Flood Control Project Table 3.4-2

Shuidongjiang Samples Total Caizichi Sub-district Sub-district Items Unit Indices per Indices per Indices per Total Indices per Total Indices per Total Indices per household household household 3. Senior high school Person 79 1.39 11 1.22 68 1.42 4. Junior high school Person 118 2.07 20 2.22 98 2.04 5. Primary school Person 61 1.07 6 0.67 55 1.15 6. Non-educated Person 20 0.35 2 0.22 18 0.38 III Nationalities １. Sampling Household 57 9 48 households 2. Han Nationality Person 290 5.09 42 4.67 248 5.17 IV. Housing area １. Samples Household 57 9 48 1.Housing area per m2 21506.96 377.32 5138.3 570.92 16369 341.01 household 2.Housing area per m2 21506.96 74.16 5138.3 122.34 16369 66 capita V. Agricultural

production 1. Sampling households Household 57 9 48 2. Sampling persons person 290 42 248 3.Contracted plantation mu 90.11 1.58 13.19 1.47 76.92 1.6 area per household 4.Plantation area per mu/person 90.11 0.31 13.19 0.31 76.92 0.31 capita 5.Grain yield kg 90524 1588.14 14904 1656 75620 1575.4 6.Grain occupation per kg/person 90524 312.15 14904 354.86 75620 304.92 capita 7.Livestock piece 211 3.7 43 4.8 168 3.5 8.Poultry piece 1783 31.28 257 28.6 1526 31.8 VI. Household property 1. Sampling households Household 57 9 48 2.TV piece 89 1.56 6 0.67 42 0.88 Including: color TV piece 79 1.39 7 0.78 36 0.86 3.Electric Fan piece 91 1.6 16 1.78 75 2.08 4.Refrigerator piece 30 0.53 4 0.44 26 0.35 5.Washing machine piece 25 0.44 7 0.78 18 0.69 6.Bicycle piece 30 0.53 8 0.89 22 1.22 7.Motorcycle piece 19 0.33 3 0.33 16 0.73

47 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Table Investigation Table for Basic Conditions of Households of Leiyang City Urban Flood Control Project Table 3.4-2

Shuidongjiang Samples Total Caizichi Sub-district Sub-district Items Unit Indices per Indices per Indices per Total Indices per Total Indices per Total Indices per household household household 8.Large furniture piece 116 2.04 44 4.89 72 4.5 VII. Annual total incomes and expenditures 1. Sampling households Household 57 9 48 2. Annual total incomes Yuan 562884 9875.16 88884 9876 474000 9875 2.1.Agricultural incomes Yuan 86226 1512.74 12834 1426 73392 1529 2.2. Stockbreeding Yuan 31116 545.89 4716 524 26400 550 income 2.3.Non-agricultural Yuan 359340 6304.21 57852 6428 301488 6281 income 3. Annual consumption Yuan 542112 9510.74 68112 7568 474000 9875 expenditure 3.1.Living expenditure Yuan 161526 2833.79 27126 3014 134400 2800 3.2.Production Yuan 14241 249.84 3105 345 11136 232 expenditure 3.3.Other expenditures Yuan 144144 2528.84 23616 2624 120528 2511 4. Annual household Yuan 548643 9625.32 85779 9531 462864 9643 income

2) Basic Attitude of Affected People The sample survey and analysis shows that: Have knowledge with the project: 100% of the affected people claimed that they had knowledge of the project. Sources of information: 100% of the affected people get known from the investigation persons and 98.5%% from the residents of the neighboring villages. Support attitude: All affected people hold an attitude of supporting to the project. Views on Impact: 97.33% of the affected people think the flood control benefit is obvious, and by the way of the reasonable compensation, the negative impacts can be alleviated; 2.67% think the flood control benefit is obvious, while the negative impacts are big. Resettlement Approach: The 98.47% immigrants choose self-construction based on housing plots arranged by the government, while the 1.53% chooses the concentrated reconstruction of

48 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

resettlement housings. Economic rehabilitation: 7.25% of resettlers ask for cash compensation, and of 92.75% ask for replacement land through land adjustment. 3.5 Social and Economic Effects for Resettlement to the Affected Population The project implementation will produce a certain impact on socio-economic factor: 1. The affected area is located at the junction of the rural and urban areas with good infrastructure conditions, where the local farmers have a lot of opportunities in non-farm employment, such as day labor and small business. Most those surplus labor forces have moved into the second and tertiary industry or individual business, gradually moving out of reliance on the land. According to the investigation, in the affected Shuidongjiang and Caizichi Sub-district, there were 31377 employed labor forces, including 12665 non-agricultural population engaged in industry, architecture, traffic, wholesale and retail, accounting for 40.36% of the rural labor forces. Analysis from the incomes structure, the annual total income of the affected households was 9875.16 yuan, including 1512.74 yuan for the agricultural incomes, only accounting for 15.32% of the total income. The investigation shows that: in spite of the land loss, the local farmers will suffer the decrease of agricultural incomes, however, due to the small proportion for plantation in the total incomes, they will have little impacts on their production and living. 2. For farmers with land plantation as their main livelihood resources, the land loss will result in the loss of complete or partial means of production, however, as the project is linearly distributed along the Leishui River, the land acquisition of the project will result in slight influence on the agricultural production of resettlers, on average every affected village will lose their land of 8.42%. According to the site investigation, it is known that, in the affected 23 villager’s groups, 22 groups have the cultivated land proportion of less than 20%, and 14 groups have the cultivated land proportion of less than 10%. In addition, in the affected villages the agricultural resettlement mode of newly local farmland adjustment is planned to adopt, which can try not to impact the traditional production mode and livelihood of the affected persons, and can restore, or even develop their living standard within short period of time; the cash compensation mode can also be directly adopted, so the farmers can put the land compensation costs into the agricultural operations such as adjusting plantation structure and developing greenhouse vegetables or other non-agricultural operations such as developing livestock breeding, which would increase their incomes and mitigate their poverty-stricken status, therefore, the land occupation will produce little impacts on their production and livelihood. 3. For relocated households, the process of moving and decorating new houses will consume certain manpower and material resources for the affected households, which need to be considered by the

49 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

project sponsors. The PMO will, according to the associated policies, make compensation to their loss of moving and traffic costs, complete infrastructure costs around the new housing plot by the way of providing the necessary livelihood subsidy. In addition, the PMO and the local village committees will provide necessary assistance. Therefore, the impacts from the project will be reduced to the minimum. 4. For the relocated enterprises and institutions, relocation needs a period of time or a certain procedure to identify new spaces, which will affect normal operation for a period of time and will result in the loss of operation incomes for them. According to the investigation, the 8 affected enterprises and institutions have the auxiliary administrative houses and dwellings occupied, so their production and operation have slight impacts, and their normal operation will be restored or developed within the short time. The project construction will bring a lot of influences on the residents and businesses within the project area, and after completion of the project, it will create favorable conditions for further development of Leiyang City, and facilitate the sustainable quick increase in economy.

50 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

4. Legal Framework and Policy 4.1 Main Chinese Laws & Regulations and Policies for Resettlement 4.1.1 Policy Bases 4.1.1.1 National Laws and Regulations: 1. Land Administration Law of the People’s Republic of China. (The 8th Chairman Decree of PRC, issued on August 29,1998, starting implementation since January 1,1999) 2. Implementation Regulations for the Land Administration Law of the PRC. (The 256th State Council Decree of the PRC, issued on December 27,1998, starting implementation since January 1,1999) 3. Urban Houses Demolition Administration Regulations of the PRC. (The 305th State Council Decree of the PRC, issued on June 13,2001, starting implementation since November 1,2001) 4. Provisional Regulations on Cultivated Land Acquisition Tax of the PRC. (The GF [1987] NO.27 issued by the State Council: A Notice about Issuing by the State Council) 5. The Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (The GF [2004] NO.28 issued by the State Council on October 21,2004) 6. The Directive about Perfecting the Compensation Resettlement System for Land Requisition (The GTZF [2004] NO.238 issued on November 3,2004) 4.1.1.2 Laws and Regulations of Hunan Province 1. Methods of Hunan Province for Implementing the Land Administration Law of the PRC. (Passed in the 14th Meeting of the 9th People’s Congress Standing Committee of Hunan Province on March 31,2000) 2. Methods of Hunan Province for Implementing the Urban Houses Demolition Administration Regulations of the PRC. (The 157th Decree issued by People’s Government of Hunan Province on July 12,2002, starting implementation since September 1,2002) 3. Implementing Methods of the Cultivated Land Acquisition Tax of Hunan Province (Amendment) (Issued by the Hunan Province People’s Government on October 4,1987, and amended as the decision about amending Implementing Methods of the Cultivated Land Acquisition Tax of Hunan Province by Hunan Province People’s Government on May 4,1998) 4. The Notice by Hunan Provincial Commodity Price Bureau and Finance Department about Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System (XJF [2003] NO.42)

51 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

4.1.2 Relevant Laws and Regulations 4.1.2.1 National Laws and Regulations 1. Selected Provisions of Land Administration Law of the PRC Article 2: The State may, on the necessity of public interest, requisition land collectively owned in accordance with law. The State practises the system of paid-for use for state-owned land in accordance with law. However, appropriation of state-owned land use right by the State within the scope prescribed by law is excluded. Article 10: Peasants' collectively-owned land that belongs to peasants' collective ownership of a village according to law shall be managed and administered by the village collective economic organization or villagers' committee; the land that belongs separately to more than two rural collective economic organizations and owned collectively by peasants shall be managed and administered by the respective rural collective economic organizations or villagers' teams; the land that belongs to township(town) peasants' collective ownership shall be managed and administered by the township(town) rural collective economic organization. Article 14: Land collectively owned by peasants shall be contracted for management by members of the respective collective economic organization for cultivation, forestry, animal husbandry and fishery production. The duration of land contracting and management shall be 30 years. The contract issuing party and the contractor should conclude a contract agreeing on the rights and obligations of both parties. Peasants who contract management of the land have the obligation to protect and utilize the land pursuant to the agreement in the contract. Peasants' right to contract land for management is protected by law. Within the duration of land contracting and management, in the event of appropriate adjustment of land contracted among individual contractors, it must have the consent of over two thirds of the members of the villagers' conference or over two thirds of the villagers' representatives, and be submitted to the competent department of agriculture administration of township/town People’s Government and People’s Government at the county level for approval. Article 31: The State protects cultivated land and strictly controls turning cultivated land into non-cultivated land. The State practises the system of compensation for the occupation and use of land. For the occupation and use of cultivated land for non-agricultural construction with approval, the unit that occupies and uses cultivated land shall be responsible for the reclamation of cultivated land equivalent to the quantity and quality of cultivated land occupied and used in accordance with the principle of "quantity of reclaimed land being equivalent to that occupied". Where there are no conditions for reclamation or the reclaimed land does not conform to requirements, cultivated land

52 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

reclamation fee should be paid as prescribed by the provinces, autonomous regions and municipalities directly under the Central Government, the special-purpose fund shall be used for the reclamation of new cultivated land. Article 46: For land requisitioned by the State, local People’s Government at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and organize its implementation. Owners and persons of the right to use of the requisitioned land should, within the specified time period of the announcement, bring the ownership certificates to the competent departments of the local People’s Governments to enter into registration for compensation for land requisition. Article 47: For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land. Compensation fee for the cultivated land requisitioned includes land compensation fee, subsidies for resettlement as well as compensation fee for ground appendixes and young crops. Land compensation fee for the cultivated land requisitioned shall be 6-10 times of the average annual output value in the three years prior to requisition. Subsidies for resettlement for the cultivated land requisitioned shall be calculated on the basis of the agricultural population that requires resettlement. The agricultural population that requires resettlement shall be calculated on the basis of the amount of cultivated land requisitioned divided by the average occupancy of cultivated land of the unit requisitioned. The rate of subsidies for resettlement per head of the agricultural population that requires resettlement shall be 4-6 times of the average annual output value in the three years prior to requisition of the said cultivated land. However, the maximum subsidies for resettlement for cultivated land requisitioned per hectare shall not exceed 15 times of the average annual output value in the three years prior to the requisition. The rate of land compensation fee and subsidies for resettlement for the requisition of other lands shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government, taking the rate of land compensation fee and subsidies for resettlement for the requisition of cultivated land as reference. Rate of compensation for ground appendixes and young crops on the requisitioned land shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government. For requisition of suburban vegetable plots of municipalities, the land use unit should, pursuant to relevant provisions of the State, pay to the new vegetable plot development and construction fund. Additional subsidies for resettlement may be provided for those peasants who require resettlement and cannot maintain their original living standards on the basis of land compensation fee and

53 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

subsidies for resettlement the payment of which is effected pursuant to the provisions of the Second Paragraph of this Article subject to the approval of People’s Governments of the provinces, autonomous regions and municipalities directly under the Central Government. However, the total of land compensation fee and subsidies for resettlement shall not exceed 30 times of the average annual output value in the three years prior to requisition of the land. The State Council may, in accordance with the level of social & economic development, increase the rate of land compensation fee and subsidies for resettlement under extraordinary circumstances. Article 48: Upon determination of the scheme for compensation and resettlement for land requisition, the local People’s Government concerned should make an announcement and seek the views of the rural collective economic organization and peasants of the requisitioned land. Article 49: The rural collective economic organization of the requisitioned land should publish the revenue and expenditure of the compensation fee of the requisitioned land for the members of the respective collective economic organization and accept supervision. It is forbidden to embezzle or divert the land compensation fees and other related expenses. Article 50: Local People’s Governments at all levels should provide support for rural collective economic organizations and peasants of the requisitioned land for development, management and establishment of enterprises. Article 54: Use of state-owned land for a construction project should be obtained in the form of onerous use such as transfer. However, the following use of land for construction may be obtained in the form of appropriation subject to the approval of the People’s Government at or above the county level in accordance with law: (1) Land use by state organs and land use for military purposes; (2) Land use for urban infrastructure and land use for non-profit undertakings; (3) Land use for such infrastructure as energy, communications and water conservancy to which the state renders key support; (4) Other land uses prescribed by laws and administrative regulations. Article 57: Construction of a construction project and geological survey that need to temporarily use state-owned land or land collectively owned by peasants, it shall be subject to the approval of the competent department of land administration of the People’s Government above the county level. Among which, for temporary use of land within an urban planning zone, consent of the competent department of urban planning should be sought first prior to submission for approval. The land user should conclude a contract for the temporary use of the land with the competent department of land administration concerned or the rural collective economic organization and villagers' committee in accordance with the ownership of the land, and effect the payment of compensation fee for the

54 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

temporary use of the land. User of temporary use of the land should use the land according to the use agreed on in the contract for the temporary use of the land and shall not construct permanent constructions thereon. The duration of temporary use of land shall generally not exceed 2 years. Article 62: One household of villagers in a rural area can only possess one housing plot, the area of which shall not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government. Construction of villagers' residences in the rural areas should conform to the overall planning for township/town land utilization, and the best possible use of original house sites and idle land in the village. 2. Selected Provisions of Urban Houses Demolition Administration Regulations of the PRC Article 22: The relocater should provide compensation to the resettlers in accordance with this Regulation. For the demolition of the peccancy building and the temporary building over approval term, the relocater shall not provide compensation. But for the demolition of the temporary building within the approval term, the demolition should provide proper compensation. Article 23: The ways of demolition compensation can be money compensation or property rights transposition of house. The resettlers can choose the way of demolition compensation. Article 24: The amount of money compensation should be considered according to the position, use and building area of the removed house and shall be confirmed with evaluating price in the realty mart. Article 25: For the way of property rights transposition of house, the relocater and the resettlers should calculate the compensation amount of removed house and the house price for transposition to balance the price difference of the property rights transposition according to the Article 24 of this Regulation. The demolition of auxiliaries of non-public welfare houses shall not be solved with property rights transposition, but with money compensation by the relocater. Article 28: The relocater should provide houses that accord with quality & safety standards of the State for resettlement. Article 31: The relocater should pay demolition subsidies for the resettlers or the tenant. During the transition term, in case of that the resettlers or the tenant settles for himself/herself, the relocater should pay subsidies for temporary resettlement; in case of that the resettlers or the tenant uses the revolving house, the demolition shall not pay subsidies for temporary resettlement.

55 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

3. Selected Provisions of Provisional Regulations on Cultivated Land Acquisition Tax of the PRC Article 2: The cultivated land called in this Regulation refers to the land for planting crops or the land that had been used for planting crops within the 3 years prior to acquisition. Article 3: All the units or individuals that acquire cultivated land for house building or for other non-agricultural construction, are the taxpayers of cultivated land acquisition tax (hereinafter called taxpayer), and should pay cultivated land acquisition tax according to this Regulations. Article 4: The cultivated land acquisition tax shall be calculated according to the actual area of acquired land by taxpayer and shall be assessed upon as the specified amount in one time. Article 5: The amount of cultivated land acquisition tax is controlled as follows: (1) Take county as one unit (same hereinafter). For the area where the average occupancy of cultivated land is under 1mu (including 1mu), the tax rate is 2-10 yuan/m2. (2) For the area where the average occupancy of cultivated land is 1-2mu (including 2mu), the tax rate is 1.6-8.0 yuan/m2. (3) For the area where the average occupancy of cultivated land is 2-3mu (including 3mu), the tax rate is 1.3-6.5 yuan/m2. (4) For the area where the average occupancy of cultivated land is over 3mu, the tax rate is1-5 yuan/m2. Article 9: The cultivated land acquisition tax should be assessed upon by the finance organ. After approving the cultivated land acquisition of unit and individual, the land administration department should give notice to the finance organ of same level in time. The unit or individual that is approved to requisition or acquire the cultivated land should declare tax-paying to the finance organ with the approval documents by the land administration department above county level. The land administration department shall assign land acquisition according to the tax-paying receipt or the approvable documents of requisition. 4. Selected Provisions from the Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (3) Strictly enforcing compensation system for land acquisition: The approved cultivated land acquired for the non-agricultural construction shall be compensated by the construction unit with the cultivated land of same quantity and quality. And the quantity and quality of cultivated land for supplement shall be converted according to its degree to prevent “more acquisition but fewer compensation, and compensation with bad cultivated land for cultivate land of high quality ”. The construction unit --- which can’t compensate by itself ---- shall pay the cultivate land reclamation fee according to the provisions of each province, autonomous regions and municipalities directly under

56 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

the Central Government. The cultivated land reclamation fee shall be administrated with special account, and can’t be reduced or remitted or peculated. The cultivate land supplement fee for construction project invested by the government must be list into the project general calculation. (13). Properly resettling the farmers affected by land requisition: The local People’s Government above county level shall work out specific methods to ensure the further living of farmers affected by land requisition. The farmers affected by land requisition can take the usufruct of legally approved land for construction to buy a share of some projects with steady profit. For the inside of urban planning area, the local People’s Government shall list the farmers who will lose cultivated land because of land requisition, into urban employment system and set up system of social security; for the outside of urban planning area, during the process of land requisition, the local People’s Government shall, in its administration area, leave some cultivated land or arrange job for the farmers affected by land requisition; for the farmers, who will lose their cultivated land and basic conditions of production and living, the local People’s Government shall resettle them in other area. The department for labourer and social security shall, together with relevant departments, make a directive about employment training and social security as soon as possible. (14). Perfecting land requisition procedure: During the process of land requisition, the farmers’ ownership of collectively-owned land and the farmers’ rights for land contracting and management shall be protected. Before report and approval, the farmers affected by land requisition shall be informed about the use, position, compensation standards of land to be requisitioned, resettlement approaches; and the investigation results about the present situation of land to be requisitioned must be confirmed by the rural collective economic organizations and the farmers affected by land requisition; and if necessary, the department of land and resources shall, according to relevant provisions, organize evidentiary hearing. The necessary materials for land requisition approval should include the relevant data as understood and confirmed by the affected farmers by land requisition. The coordination and judgement system for compensation resettlement dispute shall be established and perfected as soon as possible to protect legal rights of the affected farmers by land requisition and the land user. Except the special cases, all the approved items for land requisition shall be publicized. (15). Strengthening the supervision on implementation process of land requisition: Land can not be requisitioned by force, if the compensation resettlement for land requisition was not fulfilled. The People’s Governments of province, autonomous regions and municipalities directly under the Central Government, according to the principle ---- which states that the compensation fee for land requisition is used mainly for the affected farmers, shall work out the assignment methods of compensation fee for land requisition inside the rural collective economic organization. The rural

57 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

collective economic organizations shall publicize the expenses and receipts, assignment of compensation fee for land requisition to its members and take its members’ supervision. 5. Selected Provisions from the Directive about Perfecting the System of Compensation Resettlement for Land Requisition (4). Assignment of land compensation fee: The land compensation fee shall be reasonably assigned, according to the principle ---- which states that the compensation fee for land requisition is used mainly for the affected farmers, inside the rural collective economic organization. The detailed assignment methods shall be work out by provincial People’s Government. The land compensation fee for rural collectivity ---- whose land is totally requisitioned and whose economic organization is disbanded at the same time, shall fully used for the production and living resettlement of the affected farmers by land requisition. (5). Resettlement of agricultural production: For the requisition of collectively-owned land outside the urban planning area, these kinds of land, such as rural collective non-planed land, contracted land handed back by contracting farmers, land for contracting transfer and land newly-added during land development and arrangement shall be used firstly as the necessary cultivated land for the affected farmers by land requisition in order to ensure their continuous agricultural productions. (6). Resettlement by new employment: The land requisition unit or the local People’s Government shall try its best to provide the affected farmers with free labor skill training and arrange them with proper jobs. Under the same conditions, the land requisition unit shall employ the affected farmers first. During the requisition of collectively-owned land in the urban planning area, the local People’s Government shall list the farmers who will lose cultivated land because of land requisition, into urban employment system, and set up system of social security. (9). Information of land requisition: Before reporting for approval, the local department of land and resources shall in written form inform the farmers and rural collective economic organization affected by land requisition, about the use, position, compensation standards, resettlement ways of land to be requisitioned. All the attachments or young crops ----which are newly planted or built after informing by the farmers or rural collective economic organization affected by land requisition, shall not be compensated in requisition. (10). Confirming of land requisition investigation results: The local department of land and resources shall investigate the ownership, kind, area of the land to be requisitioned and the ownership, kind, area of land attachments. And the investigation results shall be confirmed together with the farmers and rural collective economic organization affected by land requisition, and the property owner of land attachments. (11). Organizing of evidentiary hearing for land requisition: Before reporting for approval, the local

58 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

department of land and resources shall inform the farmers and rural collective economic organization affected by land requisition that they have the rights to apply evidentiary hearing of the compensation standard of the land to be requisitioned and resettlement approach. If there is a party applying for evidentiary hearing, the evidentiary hearing shall be organized according to relevant procedures and requirements of the Provisions for Evidentiary Hearing of Land Resources. (12). Publicizing of approval items for land requisition: For the land legally approved for requisition, the ministry of land and resources and its provincial department shall publicize the approval items by media, expect for the special cases referring to state secrets. The county (city) land and resources department shall publicize, according to the provisions of the proclaiming methods for land requisition, the approval items in the village or group affected by land requisition. (13). Payment of compensation resettlement fee for land requisition: After the compensation resettlement plan is approved by city/county people’s government, the compensation resettlement fee shall be paid for the rural collective economic organization within the legally stated period. 4.1.2.2 Laws and Regulations of Hunan Province 1. Methods of Hunan Province for Implementing the Land Administration Law of the PRC Article 10: Where there are no conditions for reclamation or the reclaimed land does not conform to the requirements, the cultivated land reclamation fee should be paid to the land administration department of provincial People’s Government as the following standards when applying for turning agricultural land into other use. After approval for acquisition of the basal farmland, the reclamation fee shall be 10-12 times of the average annual yield within the three years prior to acquisition. Among which of acquisition the vegetable land, the reclamation fee shall be 10-12 times of the average annual yield of adjacent paddy field within the three years prior to acquisition. After approval for acquisition of the other cultivated land except for the basal farmland, the reclamation fee shall be 6-10 times of the average annual yield within the three years prior to acquisition. The construction unit should list the cultivated land reclamation fee as construction cost into the general investment of the construction project. The land administration department of provincial People’s Government should save the cultivated land reclamation fee with special account according to the regulations of provincial People’s Government, organize reclamation as the planning and allocate enough reclamation fee to the unit that is responsible for the reclamation of cultivated land. Article 18: Land compensation fee for the acquired land shall be paid in accordance with following

59 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

standards. (1) The compensation fee for cultivated land (including paddy field, dry farmland and vegetable land), fishpond and lotus pond, shall be 6-10 times of the average annual yield of the land in the 3 years prior to acquisition. (2) The compensation fee for fruit garden, tea garden and economic forestland, shall be 50%-100% of the compensation standard of the adjacent paddy field, and the compensation fee for other forestland shall be 30%-50% of the compensation standard of the adjacent paddy field. (3) The compensation fee for grazing land shall be 30% of the compensation standard of the adjacent paddy field. (4) The compensation fee for the land used for public facilities or public enterprise of township /town /village and the rural housing plot of villagers, shall be equal to the compensation standard of the adjacent paddy field. (5) The compensation fee for fields on the hill, wasteland and other unused land, shall be 20% of the compensation standard of the adjacent paddy field. Article 19: Resettlement subsidies for the acquisition land shall be paid in accordance with the Article 47 of the Land Administration Law. Resettlement subsidies for the acquisition of fishpond, lotus pond, fruit garden, tea garden and economic forest land shall be paid in accordance with the regulations for requisition of cultivated land. Resettlement subsidies for other forestland and grazing land shall be paid in accordance with 50% of the standard of the adjacent paddy field. For the requisition of the land used for public facilities or public enterprise of township/town/village, the housing plot of villagers, and the land used for water conservancy, such as pond, channel, and dam, if it is necessary to rebuild, the resettlement subsidies shall be paid in accordance with the standards of reconstruction land; if unnecessary, the resettlement subsidies shall be paid appropriately. Resettlement subsidies shall not be paid for the requisition of barren hill or wasteland. Article 20: The compensation fee for the ground appendixes and young crops on the requisition land shall be paid in accordance with the following regulations. (1) The compensation for the young crops whose growing period is under 1 year, shall be paid according to the output value of one season, for the young crops whose growing period is over 1 year shall be paid according to the output value of 1 year. The compensation fee for the young crops shall also be paid with the actual loss according to the growing period. (2) The compensation for the forest trees that can be transplanted shall be paid transplanting fee together with actual loss. The forest trees that can’t be transplanted shall be evaluated and purchased, and the compensation for the forest trees that are lopped by the owner shall be paid with

60 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

the actual loss. (3) Houses as well as other building and structures on the requisitioned land can be removed as compensation or purchased with equivalent price, or be compensated with equivalent houses, other buildings and structures. Article 32: One household of villagers in a rural area can only possess one housing plot, the area of which shall conform to the overall planning for land using of township/town. The cultivated land area of every household shall not exceed 130m2, the waste hill & land area shall not exceed 210 m2, and the other land area shall not exceed 180 m2. 2. Methods of Hunan Province for Implementing Urban Houses Demolition Administration Regulations (2002) Article 7: For rights, area, structure, use, etc of the removed house, it shall take the house ownership certificate as standards. For the item that is not given clear indication on the ownership certificate, it shall take the record of property right or other effective documents as standards. For the item that has been changed to other use, it shall take the approval documents by planning administration department and other relevant departments. Article 16: In the case of exchanging the property rights of removed houses, it is necessary for the relocater to provide resettlement houses that have legal procedure and accord with the quality & safety standards of the State and achieve resettlement only one time. For the transitional resettlement due to special conditions, it is necessary to arrange revolving houses according to Article 20 of this Method after the agreement with resettlers and houses demolition administration department. During the transition period, the design of replacement houses can be changed when relocater reaches an agreement with resettlers. Article 17: The resettlers or the tenant of public house who possesses too small house area (calculated including his other houses in same urban planning area) and is treated with the lowest living protection shall be arranged with replacement housing to ensure the lowest living level. Article 18: In the case of exchanging the property rights of removed houses, the relocater should transact registration procedure of houses’ property rights for the resettlers in time. The departments and units for control of household, education, and medical treatment, should transact relevant procedures for the resettlers in time, such as household transferring, school transferring and medical treatment, in accordance with the resettlement certificate of house demolition that provided by resettlers. Article 19: For the demolition of houses for production and management, the relocater should pay the demolition subsidies for the resettlers or the tenant. For the equipment that can’t be removed or renewed to use, the relocater should pay relevant compensation. The amount of compensation fee

61 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

and subsidies for demolition shall be confirmed in accordance with the actual expense for teardown, conveyance and installation of the production equipment or with the actual value of the disused production equipment. For the demolition of domicile, the relocater should pay the demolition subsidies for the resettlers or the tenant. In the case of resettlement of only one time, the relocater shall pay the demolition subsidies in one time; in the case of transitional resettlement, the relocater shall pay the demolition subsidies according to the demolition times, and the demolition subsidies shall be confirmed according to the actual requirement. In the case of that the relocater takes charge of demolition, the relocater shall not pay the demolition subsidies. Article 20: During the period of transitional resettlement, the relocater should pay the temporary resettlement subsidies for the resettlers or the tenant that arranges revolving for himself/herself. The amount of the temporary resettlement subsidies shall be confirmed in accordance with the rent for using the similar house with the removed house. For the resettlers or the tenant that can’t arrange house for himself/herself, the relocater should arrange revolving house with the similar area to the removed house, but it is unnecessary for the relocater to pay the temporary resettlement subsidies. 3. Methods for Implementing Cultivated Land Acquisition Tax of Hunan Province (Amendment) Article 2: In the case of acquisition of the following land owned by the State and the collectivity for house building or non-agricultural construction, the unit or individual that acquires land should pay cultivated land acquisition tax in accordance with this Method. (1) The paddy field and the dry farmland for planting crops, including cultivated land, newly cultivated land, rotation land and the land that had been used for planting crops in the 3 years prior to acquisition. (2) The land that is used mainly for planting crops and accidently for planting mulberry, tea tree, fruit tree and other forest trees, and the shoaly land that is used through reclaiming around. (3) Fishpond, lotus pond, vegetable land, garden plot (including seed plot, flower plot, drug plot, tea garden, fruit garden, mulberry garden and garden for planting other economic forest trees). Article 3: The amount of cultivated land acquisition tax shall be calculated in accordance with the actual acquisition area of above land by the taxpayer and specified amount standard of acquisition tax, and shall be assessed upon in only one time. Article 4: It shall take the average occupancy per head of cultivated land as its main bases of the amount standard of cultivated land acquisition tax, and the amount standard shall be determined according to the natural conditions and the economic development of each area. With the unit of

62 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

county (including county-level city, same hereinafter), the average occupancy per head of cultivated land shall be calculated in accordance with the gross of population and cultivated land that are counted by local statistical department. The specific amount standards of acquisition tax are regulated as follows. (1) Take the county as the unit (same hereinafter). For the area where the average occupancy per head of cultivated land is under 0.5mu (including 0.5mu), the amount standard of acquisition tax is 6-10 yuan/m2. (2) For the area where the average occupancy per head of cultivated land is 0.5-1.0mu (including 1.0 mu), the amount standard of acquisition tax is 4-8 yuan/m2. (3) For the area where the average occupancy per head of cultivated land is over 1.0mu, the amount standard of acquisition tax is 3-7 yuan/m2. (4) For the acquisition of special vegetable land and fishpond for house building or other non-agricultural construction, the amount standard of acquisition tax is 10 yuan/m2. 4. The Notice by Hunan Provincial Commodity Price Bureau and Finance Department about Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System The degree area of Leiyang City is the third class. The detailed standards for reclamation fee of cultivated land are listed as follows. 1) Paddy field: 10000 yuan/mu; 2) Dry farmland: 6000 yuan/mu 4.2 Relevant Articles of the ADB 4.2.1 Policy Bases (1) Involuntary Resettlement Policy of the ADB (issued in November, 1995) and Resettlement Manual of the ADB ---Feasible Practice Direction (issued in 1998) (2) Policy about national minorities of the ADB (3) Policy about poor supporting of the ADB 4.2.2 Relevant Policies and Regulations The Resettlement Policy of the ADB includes the principles as follows. (1) Involuntary resettlement should be avoided where feasible. (2) Where population displacement is unavoidable, it should be minimized by exploring all viable project options. (3) People unavoidably displaced should be compensated and assisted, so that their economic and social future would be generally as favorable as it would have been in the absence of the project. (4) People affected should be informed fully and consulted on resettlement and compensation options.

63 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

(5) Existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible, and resettlers should be integrated economically and socially into host communities. (6) The absence of a formal legal title to land by some affected groups should not be a bar to compensation; particular attention should be paid to households headed by women and other vulnerable groups, and appropriate assistance should be provided to help them improve their status. (7) As far as possible, involuntary resettlement should be conceived and executed as a part of the project. (8) ADB policy requirements pay special emphasis on extreme poor families, women headed families, and other vulnerable social groups. These vulnerable groups should be provided special assistance so that their current status could be improved. 4.3 Compensation Standards for Project 4.3.1 Compensation Qualification All the owners and users of the buildings and land in the area of project land acquisition demolition shall get reasonable compensation or help. Municipal Demolition office will issues Houses Demolition Proclamation and publicizes the relocaters, relocated areas and demolition time limit, etc. within 3 days after issuing Houses Demolition and Relocation License; and notifies the relative departments in written form to stop processing the following procedures within the relocated areas in relocation time limit. (1) Release the procedures of business license using demolished house as business place. (2) The procedures of trade, exchange, division, donation, transfer and mortgage, etc. of the demolished house, excepting the effective judgements and procedures executed for adjudication issued by People’s Court or arbitration institutions. (3) Examination and approval procedures of new-building, expansion, rebuilding and character changing of houses or auxiliaries. In this project, the cut-off date regulated by the government is considered as the date of finally determining that it is in accordance with the compensation conditions. People affected by the project include those who will lose land and house because of the project construction. The compensation or rehabilitation will be processed according to their loss type and quantity, and whether the loss is within the final construction drawing finished within the time limit regulated by the government; or will be treated as being temporarily affected in the construction period. After the cut-off date, the cultivated land, built houses or resettlement of the affected people in the project affected area will not meet the compensation or subsidy conditions.

64 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

4.3.2 Compensation Principle 1) The RAP should be based on the social and economic survey and the statistics of the physical indices surveyed in the affected project area. It should also conform to the current national and local land acquisition laws and policies and policy of involuntary resettlement established by ADB. During the implementation of the RAP, once the detailed methods of Hunan Province regarding the Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (GF [2004] NO.28) are issued, this project should make necessary adjustment according to the requirements of the relevant policies. 2) The engineering design should be optimized in order to protect the land and minimize the impact by the land acquisition and resettlement. To minimize the number of involuntary relocatees, the project should avoid the areas with high population density and multi-storied buildings as much as possible. Better construction methods and other measures should be taken to reduce the disturbance to people. 3) All the compensations and resettlements for the involuntary relocatees should be a part of the project. In order to benefit the relocatee, sufficient funds should be available to them. 4) It should be ensured that all the affected persons’ loss caused by the project would be compensated before the remove. Reasonable resettlement and effective rehabilitation should be conducted and provide assistance for their temporary difficulties during transfer. 5) It should be ensure that, after the resettlement, the living conditions, productivity and income level of all affected persons could come back to or exceed the level without the project. 6) There is no deduction for depreciation or any kind of discount for house and other asset compensation, which should be based on replacement values. Compensation can be made in cash or in kinds (such as exchange of property rights). No matter by what means, the compensation should be enough to buy a house with similar structure and condition of the same size in the same area. The project sponsor has the responsibility to recommend affordable houses to the relocatees, and help them deal with the transactions (including some preferential benefits). 7) All the persons and buildings that are negatively affected by the project should be compensated. The compensation and help should not be canceled because of the incompleteness of residence register, lease and operation register. 8) No compensation or relocation could be given to the people who enters the project area and occupies any land or house beyond the deadline as stipulated. Anyone who refuses to sign the compensation for relocation contract or refuses to remove after the contract was signed will be treated according to relevant judicial programs or laws. 9) Relocatees’ loss will be compensated during the moving and transfer process. The recommended

65 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

host area should be provided with elementary basic infrastructure and service facilities . 10) Non-residential units’ loss caused by remove and suspension of business will be compensated. Reconstruction within the affected areas and relocation in outside area should conform to the urban planning requirements, as well as the second- remove happened should avoided in the coming days. 11) Vulnerable group should be treated reasonably. The project sponsor should help them with choosing and moving their houses. 12) The owners of the infrastructure should be compensated. The compensation should be used for the reconstruction of affected infrastructure and rehabilitation of the function. 13) Land acquisition and the loss caused by land acquisition should be compensated reasonably. Compensation for land acquisition will be paid to the collective organization to develop the collective economy, improve the public facilities and provide rehabilitation to affected villagers. The resettlement subsidies will be paid to the resettlement sponsors or the resettled individuals to pay the insurance fee. 14) All the fees for land acquisition should be paid within three months after the compensation and resettlement program get approved. It should also be no later than the day the land is put into construction use. 15) Generally, the temporarily land acquisition should not be longer than two years. The user should restore the conditions of the occupied cultivated land within one year after its occupation. When the collective land is occupied, a temporary land acquisition contract should be signed between the temporary land occupier and the collective economic organization or the residential committee and compensation for temporary land acquisition should be paid. The temporary land acquisition compensation should cover the loss to the former owner and user of the land (including the agriculture taxes). The standard of compensation should be increased and the former user of the land should be resettled appropriately if the use purpose or property right of the land changes when it was returned. If the temporarily land acquisition exceeds two years, the acquisition procedure should be handled again. 16) In order to insure the living standards and income levels will not decrease, all the labor forces affected by the land acquisition and resettlement should be provided with employment opportunity. Rehabilitation by allocating replacement land is encouraged, supplemented by development of second and tertiary industries. The villagers can choose to find a job by oneself. If the villages want to be the urban household, the former collective economic organization should help with paying required insurances for the relocatee. 17) Encourage the relocatee to participate in the preparation of resettlement planning and the process

66 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

of resettlement; let the relocatee know the compensation and resettlement policies and standards. It should wildly collect opinions of the affected persons during survey, and incorporate them in the RP report. 18) Seriously consider the complaints made by the affected person and help them with their difficulties and inconvenience in land acquisition and relocation reasonably and practically. The problems or dissatisfactions with the compensation standards should be resolved mainly through negotiation. If negotiation does not work, arbitration even a country appeal could be carried out. Any compulsive actions by the resettlement sponsor should conform to relevant laws. 19) Relative organizations should cooperate together to intensify the resettlement organizations at all levels and train all the staff that will go to their duties. 20) In the process of the project, the county PMO is responsible for monitoring the interior implement of the project, hiring an independent organization to do the exterior monitoring and submitting the monitoring report to ADB periodically. Resettlement Assessment will be carried out after the project. 21) Any important changes made in the implement of resettlement (such as decreasing the compensation standards, changing the location or scale of the land acquisition for the project, new sub-project, changing any sub-project into a domestic invested one) should be reported to ADB in advance. If necessary, the resettlement planning can be revised or other resettlement can be prepared. 22) If other non-ADB project demolition occurs ahead or simultaneously in the ADB project area, the ADB project can take the advantage of other project under the condition that all the compensation and resettlement standards accord to the resettlement planning. 4.3.3 Compensation Reference and Standard for Land Acquisition 4.3.3.1 Permanent Land Acquisition of Project z Collectively Owned Land 1) Compensation Standards for Cultivated Land Acquisition

① Analysis on Output Value of Cultivated Land Price of grains and oils: The prices of main agricultural products are determined by analyzing the market price provided by Leiyang City. Output value of cultivated land per mu: According to field survey and statistic materials in Leiyang City, the crops planted on the paddy fields of the project area are the mainly double cropping rice and a small quantity of quarter semilate rice, wheat, rape, vegetable; the crops planted on the dry farmlands are mainly the corn and other grains, bean, pea, sweet potato, Irish potato, earthnut, rape, vegetable, and melon and fruit, etc. According to statistical annals, average yield per mu of cultivated land of every village in the project area from 2001 to 2003

67 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

was calculated. Output value of cultivated land per mu: The output value of main product was calculated on basis of the price of grains and oils, yield of cultivated land per mu, as well as average sown area of various kinds of crops on the cultivated land per mu; output value of sideline product shall be determined by proportion of output value of main product according to the relevant material analysis. Through calculation, annual output value of paddy field is 1335.86 yuan per mu, whereas annual output value of dry farmland is 1075.94 yuan per mu. For details, see Table 4.3-1.

68 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources Table 4.3-1 The Calculation Table of Output Value of Cultivated Land per mu in Project Affected Area Paddy Field Dry Farmland Item Early Semilate Late Other Flue-cured Sweet Irish Melon WheatSoybeanPeanut Rape Vegetable Corn Jowar Soybean Bean PeanutVegetable Rice Rice Rice Grain Tobacco Potato Potato Fruit Output (kg) 420.5 512.4 440.6 145.92 150.76 152.49 97.81 1535.5 343.86232.34 145.46 150.76 118.68 230.5 345.03 403.03 152.49 1535.5 1364.9 Unit price Main 1.11 1.21 1.25 1.4 2.4 2.4 2.7 0.6 1.2 1.3 1.2 2.4 1.2 8 0.6 1.3 2.4 0.6 0.4 (yuan/kg) Product Output value 466.76 620 550.75 204.29 361.82 365.98264.09 921.31 412.63302.04 174.55 361.82 142.42 1844 207.02 523.94 365.98 921.31 545.94 (yuan) Sideline product output 30.28 36.89 31.72 17.51 14.47 15.55 12.23 35.07 23.7 14.84 14.47 12.11 23.51 10.35 12.09 15.55 40.95 value (yuan) 2001 Output value subtotal 497.04 656.89 582.47 221.8 376.29 381.53276.32 921.31 447.7 325.74 189.39 376.29 154.53 1867.5 217.37 536.03 381.53 921.31 586.89 (yuan) Crop sowing proportion 0.82 0.04 0.89 0.03 0.05 0.03 0.06 0.18 0.08 0.07 0.26 0.28 0.38 0.12 0.92 0.02 0.23 0.09 0.21 (percent) Crop output value per 407.57 26.28 518.4 6.65 18.81 11.45 16.58 165.84 35.82 22.8 49.24 105.36 58.72 224.1 199.98 10.72 87.75 82.92 123.25 mu (yuan) Output value per mu 1171.58 1000.66 (yuan) Output (kg) 390.8 508.6 425.4 164.79 159.45 166.38 85.16 1437.2 339.9 227.27 156.06 159.45 110.47 224.6 337.39 334.19 166.38 1437.2 978.26 Unit price Main 1.11 1.21 1.25 1.4 2.4 2.4 2.7 0.6 1.2 1.3 1.2 2.4 1.2 8 0.6 1.3 2.4 0.6 0.4 (yuan/kg) Product Output value 433.79 615.41 531.75 230.71 382.68 399.31229.93 862.33 407.88295.45 187.27 382.68 132.56 1796.8 202.43 434.45 399.31 862.33 391.3 (yuan) Sideline product output 28.14 36.62 30.63 11.86 19.13 19.97 11.5 34.67 23.18 15.92 15.31 11.27 22.91 10.12 10.03 16.97 29.35 value (yuan) 2002 Output value subtotal 461.93 652.03 562.38 242.57 401.81 419.28241.43 862.33 442.55318.63 203.19 397.99 143.83 1819.7 212.55 444.48 416.28 862.33 420.65 (yuan) Crop sowing proportion 0.79 0.06 0.87 0.02 0.05 0.03 0.06 0.19 0.04 0.09 0.27 0.22 0.43 0.11 0.92 0.04 0.18 0.08 0.25 (percent) Crop output value per 364.92 39.12 489.27 4.85 20.09 12.58 14.49 163.84 17.7 28.68 54.86 87.56 61.85 200.17 195.55 17.78 74.93 68.99 105.16 mu (yuan) Output value per mu 1109.16 913.23 (yuan) 69 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources Table 4.3-1 The Calculation Table of Output Value of Cultivated Land per mu in Project Affected Area Paddy Field Dry Farmland Item Early Semilate Late Other Flue-cured Sweet Irish Melon WheatSoybeanPeanut Rape Vegetable Corn Jowar Soybean Bean PeanutVegetable Rice Rice Rice Grain Tobacco Potato Potato Fruit Output (kg) 412.4 498.4 430.2 167.09 166.31 149.9 90.87 1775 314.06 53.75 155.28 166.31 113.93 234.6 339.92 301.23 149.9 1775 813.31 Unit price Main 1.7 1.8 1.8 1.7 3.6 5.2 3.5 0.8 1.84 1.8 1.7 4.4 2.4 9.6 0.8 1.3 5.2 0.8 0.5 (yuan/kg) Product Output value 701.08 897.12 774.36 284.05 598.72 779.48318.05 1420 577.87 96.75 263.98 731.76 273.43 2252.2 271.94 391.6 779.48 1420 406.66 (yuan) Sideline product output 29.69 35.88 30.97 12.03 19.96 17.99 12.27 32.03 5.48 15.84 15.97 11.62 23.93 10.2 9.04 15.29 24.4 value (yuan) 2003 Output value subtotal 730.77 933 805.33 296.08 618.68 797.47330.32 1420 609.9 102.23 279.82 747.73 285.05 2276.1 282.14 400.64 794.77 1420 431.06 (yuan) Crop sowing proportion 0.81 0.07 0.86 0.03 0.06 0.03 0.07 0.2 0.06 0.18 0.29 0.22 0.45 0.09 0.89 0.04 0.2 0.1 0.26 (percent) Crop output value per 591.92 65.31 692.58 8.88 37.12 23.92 23.12 283.99 36.59 18.4 81.15 164.5 128.27 204.85 251.1 16.03 158.95 142 112.08 mu (yuan) Output value per mu 1726.84 1313.92 (yuan) Average Output Value within 1335.86 1075.94 Three Years (Yuan)

70 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

② Multiple of Land Compensation and Resettlement Subsidy According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China, land compensation for the acquired cultivated land is 6 times of the average annual output value of the land per mu in the previous 3 years before land acquisition, and resettlement subsidy for each persons requiring economic rehabilitation is 4 times of the output value per mu. Taking the villagers’ groups affected by land acquisition demolition in 2004 as the statistical unit is 0.38 mu per capita cultivated land of agricultural population in the project area, which converts into the resettlement subsidy multiple of cultivated land per mu is 10.53. The growth period of young crops that is less than one year is compensated according to output value of a season; and the cost of young crops is 40 percent of annual output value according to farming system of the cultivated land in the project area.

③ Unit Price of Compensation According to annual output value of the cultivated land per mu in the project area as well as compensation multiple, the unit price of its compensation (including both land compensation and resettlement subsidy) is calculated as 22616 yuan for paddy field per mu, and 18216 yuan for dry farmland per mu. 2) Compensation Standards for Garden land Acquisition According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China, the land compensation fee for garden land acquisition shall be 50 percent to 100 percent of compensation standards for the paddy field near the land. The resettlement subsidy shall be executed with reference to the regulations of the cultivated land. The garden land acquisition in this project is orange garden. Because of lower breed, it is generally self-sufficient or limited to sell within the range of the local region, with relatively low price. Through investigation and analysis on calculation, the compensation fee for garden land acquisition is calculated as 60 percent of standards for paddy field, whereas resettlement subsidy is calculated as 100 percent of standards for paddy field. And the compensation fee for affected forest is set at 3600 yuan per mu according to 60 pieces per mu and 60 yuan per piece. Based on this calculation, compensation fee for the unit price of the garden land is 22476 yuan per mu. 3) Compensation Standards for Pond Acquisition According to the relevant regulations from Methods of Hunan Province for Implementing the

71 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Land Administration Law of the People’s Republic of China, land compensation fee for pond acquisition shall comply with compensation standards for vicinal paddy field, and resettlement subsidy shall be executed with reference to the regulations on cultivated land. Through investigation and analysis on calculation, land compensation fee for pond is 8015 yuan, and resettlement subsidy is 14067 yuan, so compensation for the unit price of pond is 22082 yuan per mu. 4) Compensation Standards of Housing plot Acquisition According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China, the land compensation fee for the villagers’ housing plot shall comply with compensation standards for the vicinal paddy field. If the villagers’ housing plots need to rebuild, the resettlement subsidy shall be paid according to the classification standard for the rebuilding sites. Rebuilding sites from the villagers’ housing plots in this project are mainly the dry farmlands, so the land compensation fee is 8015 yuan per mu according to compensation standards for paddy field, and the resettlement subsidy is 11330 yuan per mu according to compensation standards for dry farmland. Through this calculation, the unit price of the compensation fee for the villagers’ housing plots is 19345 yuan per mu. 5) Compensation Standards for Waste Grassland Acquisition According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China, the land compensation fee for expropriating waste mountains, wasteland and other unused land is 20 percent of the vicinal paddy field, and its resettlement subsidy is free from payment. Other land acquisition in this project is mainly the wasteland. No resettlement subsidy is paid, and what is only taken into consideration is the compensation fee for land acquisition. The unit price is 1603 yuan per mu according to 20 percent of the land compensation fee for paddy land. z State-owned Land 1) Compensation Standards of Land Acquisition for Enterprises and Institutions According to the relevant regulations from Land Administration Law of the People’s Republic of China and its Implementation Regulations, the calculation of the land price such as remise, demise, tenancy and mortagage of land ownership as well as shareholder of real estate properties of state-owned land in Leiyang City, based on land price, acts as land asset amount after amending according to the factors of land area, exceptional factor, useful life, evaluation date, plot ratio, development extent, land depth, position deviation, etc.

72 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

The land acquisition for enterprises and institutions in this project is mainly the land used to handle official business, production and construction. Through the consultation among Leiyang PMO and affected work units as well as its department in charge, demolition and resettlement of land acquisition in urban flood control project in Leiyang City shall be executed with reference to Notification on New Achievement of Benchmark Land Prices of Towns in Whole City (LZF [2003] No.26): the industrial land in the south of Leishui City shall be compensated for 170 yuan per square meter. Through this calculation, the unit price of compensation for land acquisition for enterprises and institutions in this project is 113390 yuan per mu. 2) Other Land Acquisition According to the relevant regulations from Land Administration Law of the People’s Republic of China and its Implementation Regulations, for infrastructure land acquisition such as energy, transportation and water conservancy, which is mainly supported by the country, its land ownership can be transferred through legal approval of People’s Government above the county level. The other land acquisition in this project is mainly urban unused land and unused clearing. The volunteer transfer will be made to it. For details of standards for permanent land acquisition in this project, see Table 4.3-2. Leiyang City Compensation Standards for Permanent Land Acquisition in Urban Flood Control Project

Table 4.3.3-2 Unit: Yuan/mu Land Compensation Resettlement Young Crop Standard for Land Ownership Land Type Fee Subsidy Compensation Fee Compensation Paddy Field 8015 14067 534 22616 Dry Farmland 6456 11330 430 18216 Garden Land 4809 14067 3600 22476 Collectively Hosing Plot 8015 11330 19345 Owned Land Pond 8015 14067 22082 Other Land 1603 1603 Acquisition Residential Land 113390 State-owned Acquisition Land Other Land Volunteer Transfer Acquisition

4.3.3.2 Temporary Land Acquisition in the Project Compensation fee for temporary land acquisition in this project includes the cost of young crops, compensation fee for land loss and the reclamation cost. Compensation fee for land loss is mainly used for compensating total amount of output or income of landowner from the original land,

73 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

whereas the reclaiming expense is mainly used for reclaiming temporary land after return. Compensation fee for land loss is determined by the annual output value and occupation time of the original land, whereas the reclamation cost is determined by actual expense of reclaiming. 1) The Unit Price of Temporary Land Acquisition Compensation According to materials provided by design organization, temporary construction site in this project is mainly the earth material borrow-area, which contains woodland on the slope and hillock (including timber land and shrub land) as well as a small quantity of dry farmlands, with 2-year occupation time. The annual output value of dry farmland is 1075.94 yuan per mu, and the cost of young crops is 430 yuan according to 40 percent of the annual output value. The average annual output value of shrub land is 401 yuan per mu according to 30 percent of the vicinal paddy field, and the forest compensation fee is 401 yuan according to annual output value of shrub land. Through this calculation, the unit price of temporary land acquisition is, respectively, 2582 yuan for dry farmland per mu, 401 yuan for shrub land per mu. 2) The Expense of Reclaiming Temporary Land Acquisition According to Temporary Land Acquisition Rehabilitation Plan in the project, both the engineering measures and plant measures of restoring temporary site for construction are included in the soil and water conservation design. Only reclamation of the temporarily occupied dry farmland acquisition is planned in this time, and the reclaiming area is 35 mu. Based on analysis on the work quantities and the unit price of reclaiming cultivated land per mu of the borrow pits, the reclaiming cost of cultivated land is 3439 yuan per mu through calculation. For details of analysis table of the unit price of reclaiming cultivated land per mu, see Table 4.3-3. Analysis Table of the Unit Price of Reclaiming Cultivated Land per mu Table 4.3-3 Item Unit Unit Price (Yuan) Quantity Investment Yuan) Remarks Total 3439 1. Earth work 3089 1.1Clay cover m3 6.5 333.5 2168 1.2 Arable layer backfilling m3 2.95 200.1 590 1.3 Arable layer leveling m2 0.75 333.5 250 1.4 Laying field ridge m3 6.21 13 81 2. Soil maturizaition 250 2.1 Farm fertilizer Dan 1 50 50 2.2 Phosphorus fertilizer kg 0.7 150 105 2.3 Carbamide kg 1.3 50 65 2.4 Potash fertilizer kg 1 30 30

74 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Analysis Table of the Unit Price of Reclaiming Cultivated Land per mu Table 4.3-3 Item Unit Unit Price (Yuan) Quantity Investment Yuan) Remarks 3. Field matching facilities Mu 100 1 100

75 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

For details of standard for temporary land acquisition in this project, see Table 4.3-4. Leiyang City Compensation Standards for Temporary Land Acquisition in Urban Flood Control Project Table 4.3-4 Average Annual Land Loss Expense (yuan/m) Young Total Reclamation No. Land Type Output Acquisition Crop Cost (yuan / Standard Cost (yuan / mu) Value(yuan/m) time (year) (yuan /m) mu) Dry 1 1075.94 2 2152 430 3439 6021 Farmland 2 Shrub Land 401 401 401

4.3.4 Demolition Compensation Reference and Standards for Residential House and Auxiliaries 1) Residential House The dwellers’ residential houses in the project area are mostly brick concrete, brick wood and wood structures. In order to constitute reasonably compensation standards to make relocated household acquire the compensation equal to the replacement value, investigation and analysis on the resettlement prices of brick concrete buildings and brick wood houses in the area affected by the project are carried out in details along with investigation on physical indices (for details of analysis on replacement value, see Table 4.3-5). The consumption volume of materials for building house is determined by the relevant quota from Quota Manual of Architecture and Construction. Based on budgetary price of building materials in the third quarter of 2004 in Leiyang City, the price of materials is determined through analysis: the replacement value of rural residential brick concrete house is 338.23 yuan per square meter and the unit price of compensation is 338 yuan per square meter; the replacement value of brick wood house is 266.37 yuan per square meter and the unit price of compensation is 266 yuan per square meter. In view of the different rate of decoration and building materials of residential houses in the project area, compensation standards for residential houses with various types of structures in this project can fluctuate within the range of ten percent or so. For details, see Table 4.3-6. Table 4.3-5 Analysis and Calculation of Replacement Value of Structure Classification Unit Area of Rural Residential House Unit Price Brick concrete Brick wood Item Unit Amount Amount Remarks (yuan) Quantity (yuan) Quantity (yuan) 1. Direct Cost 338.23 266.37 1) Basic Direct Cost 331.6 261.15 Cost of Materials 230.8 185.55 Rolled Steels kg 3.8 14.7 55.86 4.8 18.24 Small Grey Tile Piece 0.1 180 18 Cement kg 0.28 90 25.2 50.3 14.08 Timber m3 573.35 0.08 45.87 0.105 60.2

76 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Table 4.3-5 Analysis and Calculation of Replacement Value of Structure Classification Unit Area of Rural Residential House Unit Price Brick concrete Brick wood Item Unit Amount Amount Remarks (yuan) Quantity (yuan) Quantity (yuan) Cast Iron Pipe kg 3.2 2.2 7.04 Asphalt felt m2 2.23 0.85 1.9 Asphalt kg 2.49 1 2.49 Glass m2 27.98 0.15 4.2 0.15 4.2 Brick Piece 0.165 240 39.6 218 35.97 Lime kg 0.12 45 5.4 68 8.16 Sand m3 48.1 0.35 16.84 0.23 11.06 Macadam m3 32.8 0.3 9.84 0.05 1.64 Nail kg 7 0.5 3.5 0.5 3.5 Other Materials 6.00% 13.06 10.5 Labor Cost Labor day 24 4.2 100.8 3.15 75.6 2) Other Direct Cost 2.00% 6.63 5.22 2% of basic direct cost 2. Tax 3.41% 3.41% of item 1~3 3. New cost m2 338.23 266.37 Round-off value Yuan 338 266

Leiyang City Compensation Standards for the Houses Demolition in Urban Flood Control Project Table 4.3-6 Housing type Structure Unit Standard Remarks Brick concrete Yuan/m2 338 Fluctuant Amplitude 310~360 Brick wood Yuan/m2 266 Fluctuant Amplitude 235~290 Rural house Earth wood Yuan/m2 183 Fluctuant Amplitude 160~205 Simple structure Yuan/m2 80

2) Auxiliary Facilities Compensation for auxiliary facilities in this project is determined with reference to similar project in this province and the unit price of current building materials in Leiyang City. For details, see Table 4.3-7. Table 4.3-7 Compensation Standards for Auxiliary Facilities of Residential House in Urban Flood Control Project of Leiyang City Num Item Unit Standard Remarks 1 Wall Yuan/m2 20 2 Cement sunny ground Yuan/m2 25 3 Cement pond Yuan/m3 80 4 Well Yuan/piece 300 5 Air-conditioner reassembling Yuan/piece 200 6 Phone reassembling Yuan/piece 200 7 CATV reassembling Yuan/household 150

77 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

3) Compensation for Infrastructure Compensation for infrastructure mainly includes investment of resettlement housing plots, including leveling, and facilities construction such as water supply, electricity, and road access. According to resettlement plan, rural demolition households in this project will be mainly resettled dispersedly within their own village groups with better conditions of landform, road access, electricity, and water supply. The urban dwellers will be resettled in one location at Tongbao Development Zone. The current infrastructures in the resettlement site are well-developed. For all the resettlers in the new resettlement site, they can use existing water supply, power network, road access and other infrastructure. According to landform of resettlement site in this project area and with reference to other provincial similar projects, the project compensation fee for infrastructure such as site leveling, drinking facilities and lighting facilities is set at 1800 yuan per capita. 4) Moving and Transfer Allowance For the resettlers affected by land acquisition demolition, although most of them will be relocated not far away, in the local region, it is inconvenient to rebuild new houses in such relative tight schedule, so moving and transfer allowance will include moving charge, living allowance, temporary housing allowance, second moving charge, and so on. The transfer period is set at three months.

① Moving expense includes cost of vehicles, material transport cost, and material damage expense. Compensation fee is set at 150 yuan per person;

② Living allowance includes meal and lodging expenses, medical expense, and loss working time for moving. Compensation fee is set at 100 yuan per person;

③ Temporary housing allowance refers to resettlers’ temporary housing expenses before their new houses are built. A large majority of the resettlers belong to non-rural population. They will have to rent the temporary residential houses, and the temporary housing allowance is set at 400 yuan per person;

④ Second moving cost mainly refers to the cost of moving from temporary residential houses to replacement new houses, which is set at 150 yuan per person. 5) Compensation for Scattered Trees Compensation standards for scattered grown-up trees vary according to lopped tree species, tree age and different sizes. Compensation standards for scattered trees in this project are determined with reference to similar projects of Leiyang City and the relevant regulations of Leiyang City. For details, see Table 4.3-8.

78 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Compensation Standards for Scattered Trees in Urban Flood Control Project of Leiyang City Table 4.3-8 No. Item Unit Unit Price (yuan) Fluctuant Amplitude With Fruit Yuan/piece 60 20~100 1 Fruiter Without fruit Yuan/piece 18 5~30 2 Sundry Trees Yuan/piece 10 5~14

4.3.5 Compensation Reference and Standards for Affected Individuals Engaged in Small-scale Business According to investigation, 3 premises needed to be relocated are non-special ones mainly used for private inhabitation. According to the relevant regulations from Hengyang City Compensation and Resettlement Methods of Land Acquisition Demolition, demolition of houses both used for private inhabitation and business operation shall be resettled as urban residential houses, and the loss expenses of houses shall be listed into compensation for demolition of urban residential houses. In this project, the moving cost shall include cost of shutdown business and comprehensive freight during the course of transportation. The statistical work of operating income of individuals engaged in small-scale business is hard to conduct accurately, so with reference to the relevant regulations of Leiyang City, the loss expense of shutdown of individual shops during the demolition in this project is calculated according to the area of business spaces. Compensation fee is set at 15 yuan per square meter • month, and shutdown time shall be not more than three months in principle. The comprehensive freight and miscellaneous charges are 200 yuan for each unit with reference to other projects of Leiyang City. 4.3.6 Compensation Reference and Standard for Affected Enterprises and Institutions 1) Non-residential house In the project area, the non-residential houses needed to be demolished are mainly office buildings and workshops of enterprises and institutions. They are mainly of brick concrete and brick wood structure. In order to constitute correctly and reasonably compensation standards to make relocated household acquire the compensation equal to the replacement value, investigation and analysis on the resettlement prices of non-residential brick concrete buildings and brick wood houses in the project-affected area is carried out in details along with investigation on physical indices (for details of the analysis result of unit price of resettlement, see Table 4.3-9). The consumption volume of materials for building house is determined by the relevant quota from Quota Manual of

79 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Architecture and Construction. Based on budgetary price of building materials in the third quarter of 2004 in Leiyang City, the price of materials is determined through analysis: the replacement value of non-residential brick concrete structure houses is set at 399.64 yuan per square meter, and the unit price of compensation is 400 yuan per square meter; the replacement value of brick wood structure houses is set at 314.73 yuan per square meter, and the unit price of compensation is 315 yuan per square meter. In view of compensation as 170 yuan per square meter for ownership of land occupation for construction of enterprises and institutions, what is only taken into consideration in the respect of compensation for non-residential houses is replacement value of houses. At the same time considering the different rate of decoration and building materials of non-residential houses in the project area, compensation standard for non-residential houses with various types of structures in this project can fluctuate within the range of ten percent or so. For details, see Table 4.3-10. Table 4.3-9 Analysis and Calculation Table of Replacement Value of Structure Classification Unit Area of Non-residential House Unit Brick concrete Brick wood Item Unit Price Amount Amount Remarks (yuan) Amount (yuan) Amount (yuan) 1. Direct Cost 338.23 266.37 1) Basic Direct Cost 331.6 261.15 Cost of Materials 230.8 185.55 Rolled Steels kg 3.8 14.7 55.86 4.8 18.24 Small Grey Tile Piece 0.1 180 18 Cement kg 0.28 90 25.2 50.3 14.08 Timber m3 573.35 0.08 45.87 0.105 60.2 Cast Iron Pipe kg 3.2 2.2 7.04 Asphalt felt m2 2.23 0.85 1.9 Asphalt kg 2.49 1 2.49 Glass m2 27.98 0.15 4.2 0.15 4.2 Brick Piece 0.165 240 39.6 218 35.97 Lime kg 0.12 45 5.4 68 8.16 Sand m3 48.1 0.35 16.84 0.23 11.06 Macadam m3 32.8 0.3 9.84 0.05 1.64 Nail kg 7 0.5 3.5 0.5 3.5 Other Materials 6.00% 13.06 10.5 Labor Cost Labor day 24 4.2 100.8 3.15 75.6 2) Other Direct Cost 2.00% 6.63 5.22 2% of Basic Direct Cost 2. Indirect 7.00% 23.68 18.65 7% of Direct Cost 3. Construction profit 7.00% 25.33 19.95 7% of Item 1-2 4. Tax 3.41% 12.4 9.76 3.41% of Item 1-3 5. New cost m2 399.64 314.73 Round-off value Yuan 400 315

80 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Compensation Standard for Non-residential Houses Demolition in Urban Flood Control Project of Leiyang City

Table 4.3-10

Non-Residential Compensation Structure Units Remarks Housing Type Standard

2 Office buildings, Brick Concrete Yuan/m 400 Fluctuant amplitude 380~420 store wares and Brick Wood Yuan/m2 315 Fluctuant amplitude 295~335 workshops Simple Structure Yuan/m2 100

2) Accessorial facilities and scattered trees In the project area, the compensation standards for accessorial facilities and scattered trees demolitions of non-residential houses are determined with reference to the compensation standards for accessorial facilities and scattered trees demolitions of urban residential houses. For details, see Table 4.3-11. Compensation Standard for Accessorial Facilities and Scattered Trees Demolitions of Non-residential Housing of Municipal Flood Control in Leiyang City

Table 4.3-11 Compensation Type Item Unit Remarks Standard Wall Yuan/m2 20 Cement sunny Yuan/m2 25 ground Cement pond Yuan/m2 80

Accessorial Well Yuan/piece 300 Facilities Air-condition Yuan/piece 200 reassembling Telephone Yuan/piece 200 reassembling CATV Yuan/household 150 reassembling Fruit tree (with Yuan/piece 60 Fluctuant amplitude 20 ~ 100 fruit) Scattered trees Fruit tree Yuan/piece 18 Fluctuant amplitude 5 ~ 30 (without fruit) Sundry trees Yuan/Piece 10 Fluctuant amplitude 5 ~ 14

3) Compensation for Production Equipment According to the relevant regulations from Methods of Hunan Province for Implementing Urban

81 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Houses Demolition Administration Regulation, the compensation for enterprises production equipment includes the compensation for removable equipment and non-removable equipment in this project. This project only affects houses used for management and accessorial production. And the project construction makes less influence to normally producing, operating or handling official business. Therefore, what is not taken into consideration in this project is compensation for production equipment. 4) Demolition Allowance The demolition allowance during the course of demolitions of enterprises and institutions in this project will be paid according to demolished non-residential housing space * 25 yuan/ m2. 5) The Loss Compensation for Stop Production and Working in Removing Period This project only affects houses used for management and accessorial production. And the project construction makes less influence to normally producing, operating or handling official business. Therefore, what is not taken into consideration is the loss expense for stop production and working during removing period. 4.3.7 Compensation Reference and Standard of Special Facility Affected by the Project 1) Transportation Facilities Calculation of transportation facilities recovering and rebuilding compensatory investment in the project area shall comply with the following stipulations: JGLF Document No. [1996] 612 Highway Basic Construction Project Budgetary Estimate and Budget Compiling Method issued by Ministry of Communications; XJZZ Document No. [1996] 533 Notice on Compensatory Regulation of Formulating Highway Basic Construction Project Valuation, Budgetary Estimate and Budget Compiling Method issued by Department of Communications of Hunan Province; JGLF Document No. [1996]612 Highway Project Budgetary Estimate Quota and Basic Price Table of Highway Project Budgetary Estimate Quota issued by Ministry of Communications; According to analysis and calculation, and with the reference to the compensation standard for other similar projects, unit price of compensation for rebuilding post facility in the project is determined as follows: tractor road is 0.15 million yuan/km, minor bridge is 40000 yuan/piece, culvert is 10000 yuan/place. 2) Facilities for power transmission and transformation In order to formulate the compensational standard correctly and reasonably, investigation and analysis of average price per kilometer of 10kV high voltage line and 380V low voltage in the project area is carried out in details along with the investigation on physical indices. According to the electric engineering budgetary estimate compilation method and the relevant quota, the consumption volume of materials are determined by analysis and calculation of the unit price, so the prices of

82 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

materials price are determined on the basis of material budget price of the third quarter of 2004 in Leiyang City. According to the typical analysis on unit price, and with reference to the similar project, unit price of compensation for rebuilding 10kV high-voltage line and 380V low-voltage line in the project area is, respectively, determined to be 50000 yuan/km and 27500 yuan/km. For details, see Table 4.3-13 and Table 4.3-14. 3) Post Facilities In order to formulate the compensation standard correctly and reasonably, investigation and analysis of average price per kilometer of post line with HYA3-0.5 type cable in the project area is carried out in details along with investigation on physical indices. According to the communications engineering budgetary estimate compilation method and the relevant quota, the consumption volume of materials are determined for the unit price analysis and calculation. The prices of material are determined on the basis of material budget price of the third quarter of 2004 in Leiyang City. According to the typical analysis on unit price, and with reference to the similar project, the unit price of compensation for rebuilding post with HYA3-0.5 type cable in the project area is determined to be 50 thousand yuan/km. For details, see Table 4.3-15. Unit Price Analysis Table of Per-kilometer 10KV Electric Line Table 4.3-13 Specification Unit Price (yuan) Amount (yuan) No. Cost Name Unit Quantity (Ratio) Subtotal Wage Material Machine Subtotal Wage Material Machine Round-off compensation 50000 standard Total 49966 1 Material cost 24906 Main material 22642 cost 1 Concrete pole YB-15-10 Piece 20 554 11080 2 Wire LGJ-35/6 kg 444 16.5 7326 3 Cross arm 63×6×1500 Set 20 59 1180 Needle 4 PT-15T Set 60 21 1260 ceramic bottle Single crown 5 ZJ1-62×R95 Set 20 41 820 bar 6 Hoop BGR-R100 Set 20 17 340 7 Guy wire GJ-35 kg 11 7.5 83 8 Guy anchor LP-04 Piece 4 50 200 9 Pull rod φ15*2500 Piece 4 32 128 Guy anchor 10 UM22 Piece 4 28 112 ring 11 Material loss % 0.5 113

83 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Unit Price Analysis Table of Per-kilometer 10KV Electric Line Table 4.3-13 Specification Unit Price (yuan) Amount (yuan) No. Cost Name Unit Quantity (Ratio) Subtotal Wage Material Machine Subtotal Wage Material Machine Supplementary 10% of main 2264 material cost material cost Installation 2 25060 Cost Site 6590 4834 56 1700 transportation Manpower Average Run 1 tkm 14.12 230 230 3248 3248 0 0 transportation Distance1km Truck loading 2 t 14.12 47 7 4 36 663 99 56 508 and unloading Transportation Run Distance 3 tkm 706 1.15 0.15 1 812 106 0 706 by truck 50km Terrain 40% of item 4 adjustment % 40 3453 1214 1867 1381 486 1-3 and increase Earth and rock 2334 950 1031 353 work Pole pit 0.8×0.8×1.9 m3 24.32 86 35 38 13 2091 851 924 316 Guy wire pit 0.4×0.8×2.2 m3 2.82 86 35 38 13 243 99 107 37 Erect the pole and lay the 2735 1426 890 419 wire 1 Erect the pole Piece 20 46.2 29.3 2.7 14.2 924 586 54 284 Cross arm 2 Set 20 9.4 7.2 2.2 188 144 44 0 installation Fabricate the 3 Set 4 11.6 10 1.6 46 40 6 0 guy wire Installation of 4 Piece 4 5 5 20 20 0 0 guy anchor Km/single 5 Lay the wire 3 519 212 262 45 1557 636 786 135 wire (1) to (3) in 11659 7210 1977 2472 total Basic direct % 22 7210 1586 cost General cost % 53.3 7210 3843 Design profit % 49.2 7210 3547 Adjustment of % 27.27 7210 1966 labor cost Far place % 11.48 7210 828 adding cost

84 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Unit Price Analysis Table of Per-kilometer 10KV Electric Line Table 4.3-13 Specification Unit Price (yuan) Amount (yuan) No. Cost Name Unit Quantity (Ratio) Subtotal Wage Material Machine Subtotal Wage Material Machine 3.348% of Tax item 1 to item % 3.348 23429 784 8 Labor 3.5% of item insurance % 3.5 24213 847 1 to item 9 funds

Unit Price Analysis Table of Per Km. 380V Electric Line Table 4.3-14 Specification Unit Price (yuan) Amount (yuan) No. Cost Name Unit Quantity (Ratio) SubtotalWage MaterialMachineSubtotalWage MaterialMachine Round-off Compensation 27500 Standard Total 27493 1 Material Cost 11861 Main material cost 10783 1 Concrete pole YB-15-7 Piece 20 245 4900 2 Wire LGJ-16/3 kg 274 16 4384 Butterfly ceramic 3 50×5×1500 Set 20 40 800 bottle 4 Encircling ED-2 Piece 160 1 160 5 Guy wire BGR-R80 Set 20 11 220 6 Guy anchor GJ-35 kg 6 7.5 45 7 Pull rod LP-04 Piece 2 50 100 8 Guy anchor ring φ15*2500 Piece 2 32 64 9 Material loss UM22 Piece 2 28 56 Butterfly ceramic 10 % 0.5 54 bottle Supplementary 10% of main 1078 material cost material l10% 2 Installation Cost 15632 Site transportation 4009 2940 34 1035 Man-power Average Run 1 tkm 8.59 230 230 1976 1976 transportation Distance1km Truck material 2 t 8.59 47 7 4 36 403 60 34 309 handing Run Distance 3 Truck transportation tkm 429.5 1.15 0.15 1 494 64 430 50km Terrain adjustment 4 40% of item 1-3 % 40 2100 739 1136 840 296 and increase Earth and rock work 1045 425 462 158

85 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Unit Price Analysis Table of Per Km. 380V Electric Line Table 4.3-14 Specification Unit Price (yuan) Amount (yuan) No. Cost Name Unit Quantity (Ratio) SubtotalWage MaterialMachineSubtotalWage MaterialMachine Pole Pit 0.8*0.8*1.5 m3 11.52 86 35 38 13 991 403 438 150 Guy wire pit 0.4*0.8*2 m3 0.64 86 35 38 13 54 22 24 8 Upright stanchion 2133 1184 525 424 and Lay wire 1 Upright the Piece 20 46.2 29.3 2.7 14.2 924 586 54 284 Cross arm 2 Set 20 9.4 7.2 2.2 188 144 44 installation Fabricate the guy 3 Set 2 11.6 10 1.6 23 20 3 wire Installation of guy 4 Piece 2 5 5 10 10 anchor 5 Lay the wire Km/Single 4 247 106 106 35 988 424 424 140 (1) to (3) in total 7187 4549 1021 1617 Basic direct cost % 22 4549 1001 General cost % 53.3 4549 2425 Design profit % 49.2 4549 2238 Adjustment of labor % 27.27 4549 1241 cost Far place adding % 11.48 4549 522 cost 3.348% of item 1 Tax % 3.348 14614 489 to 8 Labor insurance 3.5% of item 1 to % 3.5 15103 529 funds 9

86 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Unit Price Analysis Table of Average Per-Km. Telecommunication Line Table 4.3-15 Cable HYA3-0.5 No. Cost Name Specification (Ratio) Unit Unit Price Amount Quantity (yuan) (yuan) Round-off Compensation 50000 Standard Construction installation 49541.4 project cost 1 Direct project cost 46825.4 Direct cost 44263.4 1 Labor cost 1726 Labor (1) Technical staff cost 70 16.8 1176 Day Labor (2) Common labor cost 50 11 550 Day 2 Material cost 42537.4 (1) Main material cost 42116.4 Power pole 20 2700 8mConcrete pole Piece 0 7mConcrete pole Piece 0 6mConcrete pole Piece 20 135 2700 Galvanized stranded wire 1403.4 Lifting rope (7/2.2) kg 228 5.65 1288.2 Guy wire (7/3.0) kg 16 7.2 115.2 Transmitting wire 36900 Optical fiber cable m 0 Electric cable m 1000 36.9 36900 Coupler 45mm Set 1420 0.34 483 Anchor tie steel handle Set 4 26 104 Concrete capstan Piece 4 42 168 Fish-plate Set 20 7.65 153 Single-suspended Set 20 16 320 encircling Outdoor junction box Set 1 38 38 Junction box tee metal Set 1 15 15 Supplementary material (2) 5% of main material cost 421 cost Other direct cost 1762 1 Instrument working cost 4% of technician staff cost 47 Production tool working 12% of technician staff cost +2% of 2 152 cost common labor cost Project vehicle working 3 13% of technician staff cost 153 cost

87 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Unit Price Analysis Table of Average Per-Km. Telecommunication Line Table 4.3-15 Cable HYA3-0.5 No. Cost Name Specification (Ratio) Unit Unit Price Amount Quantity (yuan) (yuan) Site equipment moving 4 12% of technician staff cost 141 charge Mobile construction 4.8yuan/day for technician staff 5 280 subsidy cost 6 Project interference cost 10% of labor cost 173 8.8 for technician staff, 4 for 7 Labor cost price difference 816 common staff cost Site cost 800 22% of technician staff cost+ 10% (1) Temporary facility cost 314 of common labor cost 32% of technician staff cost+ 20% (2) Site management cost 486 of common labor cost 2 Indirect cost 48% of technician staff cost 564 3 Planed profit 30% of labor cost 518 4 Tax 3.41% of item 1 to 3 1634

For details of compensation standard for rebuilding special facilities in the project, see Table 4.3-16. Table 4.3-16 Summary Table of Compensation Standard for Special Facilities in Urban Flood Control Project of Leiyang City

Compensation Standard Item Sub-item Unit Remarks (yuan) 1. Communication facility Tractor Road km 100000 Minor Bridge Set 40000 Culvert Place 10000 2.Facility for power transmission and

transformation 10KV high voltage line km 50000 380V low voltage line km 27500 3.Post line Electric cable HYA3-0.5 for km 50000 telephone line

4.4 Table of Entitlement Matrix According to the field survey conducted by municipal PMO and resettlement design unit, main impacts on land acquisition and demolition have been confirmed on basis of natural loss, and entitlement matrix table can be used as the basis of payment for compensation. For details, see Table 4.4-1.

88 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources Table of Entitlement Matrix in Urban Flood Control Project of Leiyang City Table 4.4-1 Compensation Standard (yuan/Unit) Responsible Involved in this Affected Type Affected Object Policy of Land Acquisition and Resettlement Compensation Standard Agency project or not Compensation Item (fluctuant amplitude) 1. Compensation for all the houses shall be paid according to replacement value without deduction of depreciation. Yes Urban residential house

The materials available belong to the resettlers, and they also can use them to build new house. Brick concrete 400 yuan/m2(380～420) 2. Resettlement organ shall help the rural resettler to get the new housing plot within the range of his own group, Yes each person shall get 1800 yuan for resettlement site levelling, drinking facilities and lighting facilities. Brick wood 315 yuan/m2(295～335) 3. The resettlement plan respects the idea of the majority of resettlers. Self-dismantling and self-building mode shall Yes Wood structure 272 yuan/m2(250～295) be adopted and the resettlers can build their house in rural dispersedly, and the resettlers can select freely whether to make full use of the materials available from old houses. Before the completion of new house, the Earth-wood structure 210 yuan/m2(190～230) resettlers can live in their original houses and they shall not be forced to move before the stipulated date. Simple structure 100 yuan/m2 4. Affected resettlers shall get the notice three months before the construction of new houses, and they shall have at Rural residential house least two to three months to build the house. Discuss the arrangement of house building time fully with the Yes relocatee in village and town, and it is better to arrange it in slack season. Moving and transfer allowance will be Brick concrete 338 yuan/m2(310～360) considered including moving charge, living allowance, temporary house allowance and second moving charge. Brick wood 266 yuan/m2(235～290) And the transfer period is set at three months. 5. Effective measures shall be adopted by the resettlement organs during the course of implementation to help the Wood structure 231 yuan/m2(200～255) vulnerable (the old, the handicapped, the weak and woman-headed households): the rebuilding subsidy for Yes Earth-wood structure 183 yuan/m2(145～180) especially poor family is 3000 yuan per household, and living allowance for the vulnerable family 600 yuan per CPMO, Simple structure 80 yuan/m2 Rural residential person. And the Township (Town) Committee and Village Committee shall assist them to re-build the house and Municipal Land Accessorial Facility house and Relocatee help them move into the new house under the circumstance of holding counsel with them. and Resources 2 accessorial building 6. Compensation for houses shall be paid to the resettler before their building new house. If the installment plan is Wall 20 yuan/m Bureau adopted, the final cost shall be paid to them before the completion of new house. Yes Cement pond 80 yuan/m3 7. The resettler can lodge appeal for any aspect of the resettlement, including the compensation standard. No Cement sunny ground 25 yuan/m2 expense is paid to the organ dealing with resettlers’ appealing. Yes Well 300 yuan/piece Phone resembling 200 yuan/piece Air-conditioner resembling 200 yuan/set CATV resembling 150 yuan/household Compensation for infrastructure Site leveling, drinking facilities and 1800 yuan/person lighting facilities Demolition subsidy Moving charge 150 yuan/person Living allowance 100 yuan/person Temporary house allowance 400 yuan/person

Second moving charge 150 yuan/person

89 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources Table of Entitlement Matrix in Urban Flood Control Project of Leiyang City Table 4.4-1 Compensation Standard (yuan/Unit) Responsible Involved in this Affected Type Affected Object Policy of Land Acquisition and Resettlement Compensation Standard Agency project or not Compensation Item (fluctuant amplitude) 1. The resettlement plan respects the ideas of the large majority of the resettlers. Cash compensation and No property-right-exchange mode shall be adopted to the urban dwellers affected by the project according to the urban development planning. 2. For the urban residential houses that are compensated according to the mode of cash resettlement in principle, No the section of land is compensated according to the evaluated land price on the market, and compensation standard for the section of construction complies with the replacement value. 3. For the construction area of property-right-exchange compensation equal to original construction area of relocated No houses, its relevant account will not be settled as price difference; for the compensation area less than the original construction area, its account will be settled as the price of commercial housing; for the compensation area more CPMO, than the space within the range of 15% of the original area, the account will be settled as replacement value; for Urban residential Municipal Land the compensation area more than the space beyond the range of 15% of the original area, the account will be house and Relocatee and Resources settled as commercial housing. accessorial building Bureau 4. The compensation for all the houses shall be paid as the replacement value without deduction of depreciation. No Available materials belong to the resettlers, and they also can use them to build new house. 5. In the process of implementation the effective measures are adopted by resettlement organ at all levels to help the No vulnerable (the old, the handicapped, the weak, and woman-headed family: the subsidy of building new houses for specially poor family is 3000 yuan per household, the living allowance for the vulnerable family is 600 yuan per person. And sub-district and residence committee will help the resettlers to re-build and move to new houses under the circumstances of holding counsel with them 6. Compensation fee for houses will be paid to the resettlers before their purchasing new houses. Before their No purchase, the resettlers may live in their original houses and they will not be forced to move before the stipulated date. 1. All enterprises and institutions affected by the project are planned to be relocated and rebuilt by the relevant units Yes Compensation for unit price of various kinds of structures of houses shall themselves, and the PMO shall discuss with the relevant units about the compensation standard as well as be calculated according to urban residents’ houses as well as relocating and rebuilding time. All the costs needed for the construction shall be listed into the general budgetary accessorial facilities. estimate of the project, and be paid by the PMO 4 months before the commencement of corresponding project. 2. The compensation for all the non-residential houses shall be paid according to cash resettlement. Among CPMO, them, the section of the land is paid as 170 yuan/m2, and listed into the compensation fee for industrial Yes Non-residential Municipal Land land. The compensation standard for section of construction is paid with reference to replacement value house and its Enterprises and and Resources of urban residential houses without deduction of depreciation. accessorial institution Bureau 3. Demolition subsidy of enterprises and institutions is calculated as 25 yuan/m2 according to non-residents’ house facilities Demolition Subsidy 25 yuan/m2 area needed to be demolished. Yes 4. For the enterprise or institutions affected during the demolishment, the compensation for their loss of business suspension (including the compensation for the loss of staff’s salary) should be paid according No to the actual influence. In principle, the business suspension days are limited within 6 months. The labor force arrangement cost occurred during the resettlement will be paid by the project executive agency using the contingency.

90 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Table of Entitlement Matrix in Urban Flood Control Project of Leiyang City Table 4.4-1 Compensation Standard (yuan/Unit) Responsible Involved in this Affected Type Affected Object Policy of Land Acquisition and Resettlement Compensation Standard Agency project or not Compensation Item (fluctuant amplitude)

1. All the affected individual booths are non-special ones mainly used for private inhabitation. The houses used for Yes Compensation for unit price of various kinds of structures of houses shall business operation shall be compensated as replacement value of residential houses according to the relevant be calculated according to residents’ houses as well as accessorial facilities. regulations, and no depreciation shall be deducted. Yes Loss expense of shutdown 15 yuan/m2·month 2. If the resettlement organs assist the proprietor to identify the housing plots or property right exchange, it shall be set up first at the cross or two sides of the road where the stream of people is dense. No 3. For the affected individuals engaged in small-scale business dealing with business operations under lease, they Non-residential Individuals CPMO, can independently choose the site for restarting business operation according to their own goods and features of

house and its Engaged in Municipal Land their service. And project executive organ will provide new information on commercial booths to the proprietor. Yes accessorial Small Business and Resources 4. The individuals engaged in small-scale business shall obtain the loss compensation for stopping operation during facilities Bureau the course of building and demolition, shutdown loss is calculated according to the area of business spaces. The Comprehensive freight and 200 yuan/household compensation standard is set at 15yuan/m2·month, and the shutdown time shall be not more than 3 months in miscellaneous charges principle. Yes

5. The individuals engaged in small-scale business shall get the notice three months before their building new Yes houses, and they shall have at least four months to build the house. 6. The proprietor can lodge appeal for any aspects of the resettlement, including the compensation standard. No expense shall be paid to the organ dealing with resettlers’ appeal. CPMO, With Fruit 60 yuan/piece (20～100) Fruiter Municipal Land Scattered trees Owner of title Compensation fee or replanting expenses for the scattered trees needed to be chopped off shall be paid in the project. Yes Without Fruit 18 yuan/piece (5～30) and Resources Sundry trees Bureau 10 yuan/piece (5～14) CPMO, Municipal Land Tomb Owner of title The project should pay the removal and rebuilding fee for the tomb need to be relocated. No and Resources Bureau 1. The paid transfers of land ownership are adopted to industrial land in the project area. And the unit price for Yes Industrial land 113390 yuan/mu

CPMO, compensation standard is set at 170 yuan/m2. No Permanent land State-owned Municipal Land 2. For the urban residential land acquisition in project area that will be compensated according to the mode of cash

acquisition land and Resources resettlement, the section of land is compensated the evaluated price on the market. Yes Other land acquisition Volunteer transfer Bureau 3. In the project, for the land acquisition of other stated-owned land such as urban unused land or flood land, the volunteer transfer is adopted to obtaining owner ship of state-owned land.

91 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Table of Entitlement Matrix in Urban Flood Control Project of Leiyang City Table 4.4-1 Compensation Standard (yuan/Unit) Responsible Involved in this Affected Type Affected Object Policy of Land Acquisition and Resettlement Compensation Standard Agency project or not Compensation Item (fluctuant amplitude)

1. For the project construction land acquisition, the village shall obtain the land compensation cost and resettlement Yes Paddy field 22616 yuan/mu subsidy paid by the land acquisition unit; and relocatee will obtain young crop cost and ground adhesion matter compensation fee an so on; What’s more, If the land adjustment or the land reclamation is carried out inside the Dry farmland 18216 yuan/mu villager’s group to make the affected farmers by land acquisition obtain land or other means of production, the Garden land 22476 yuan/mu following measures should be adopted: the land adjustment by use of the collectively-owned land, the land Pond compensation fee and the resettlement subsidies should be controlled for utilization by the villager’s group 22082 yuan/mu collective; for the farmers not affected by the land acquisition but involved in the land adjustment, the resettlement Villagers’ housing plot 19345 yuan/mu subsidies should be directly paid to them. On the contrary, if there is no possibility to carry out land adjustment or land tidying or development, and the relocatee has not got any production materials, the village group shall pay the resettlement subsidy to them, and the compensation fee shall be managed and used by the village group. 2. Land acquisition compensation fee and resettlement subsidy shall be used in the livelihood rehabilitation of relocatee in the project construction, such as construction of farmland water conservancy facility, rebuilding of rural Yes CPMO, Collectively o infrastructure and adjustment of agriculture structure and so on. Permanent land Municipal Land 3. Calculation of compensation standard for cultivated land acquisition is in accordance with the average output value acquisition and Resources wned land per mu of three years before the land acquisition. Compensation of cultivated land acquisition and multiple of Yes Bureau resettlement subsidy shall be in accordance with the amount of cultivated land per person before the land acquisition in project area, and shall be determined according to the relevant regulations from Land Administration Law of the PRC and Methods of Hunan Province for Implementing the Land Administration Law of the People’s Unused land 1603 yuan/mu Republic of China. Requisition of garden land, housing plot of villager and other unused land shall be compensated reasonably with reference to the stipulation of cultivated land acquisition. 4. The affected village collective unit or land contractor shall be paid the land compensation fee before the land acquisition. Yes 5. Land redistribution shall be carried out in slack season, and all the project-affected farmers lost the land shall obtain the new land again. Yes 6. The exotic workers who rent cultivated land in the project area will obtain the young crops compensation for land acquisition. During the implementation of the resettlement in the project, if the exotic workers are willing to stay at No this locality for earning a living, the project executive agency should help them rent the near land for cultivation.

92 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Table of Entitlement Matrix in Urban Flood Control Project of Leiyang City Table 4.4-1 Compensation Standard (yuan/Unit) Affected Responsible Involved in this Affected Object Policy of Land Acquisition and Resettlement Compensation Standard Type Agency project or not Compensation Item (fluctuant amplitude) 1. The compensation fee for temporary land includes young crops cost, land loss compensation fee and reclamation cost. Yes Dry farmland 5815 yuan/mu Time limit for the temporary land is two years. If the temporarily land acquisition exceeds two years, the acquisition procedure should be handled again. CPMO, Municipal 2. The land loss expenses are mainly used for total amount of output or income that are acquired by landowner from the Yes Temporary Land and original land. And the compensation for land loss is determined by annual output value and acquisition time of the Land Contractor Resources original land: 1980 yuan for dry farmland per mu, 994 yuan for timberland per mu, 746 yuan for shrub land per mu; Shrub land 1119 yuan/mu Acquisition Bureau, whereas the cost of young crops is determined as follows: 396 yuan for dry farmland per mu, 497 yuan for timberland Contractor per mu, 373 yuan for shrub land per mu. 3. After the construction, the land occupied shall be recovered and returned to the project-affected village. Among this Yes land temporarily-occupied dry farmland shall be re-cultivated, and the reclamation cost of farmland is set at 3439 yuan per mu. Tractor Road 150000 yuan/km Minor Bridge 40000 yuan/set CPMO, relative All the special facilities affected by the project shall be recovered and rebuilt according to the actual conditions affected by the Culvert 10000 yuan/place Special Owner of title professional project, as well as original standard, scale and function. The PMO shall plan to invest according to the rehabilitation planning, Yes 10KV high voltage line 50000 yuan/km Facilities departments and supply proper compensatory funds for the each department in charge of special facility to organize the implementation. 380V Low voltage line 27500 yuan/km Post line 50000 yuan/km Electric pumping station 1000 yuan/kw

93 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

5. Resettlement and Rehabilitation Measures 5.1 Rehabilitation Objective Make proper compensation and appropriate resettlement in order to insure the productivity, income level and living conditions of the affected people could be restored or improved. 5.2 General Scheme of Rehabilitation The construction of Leiyang Urban Flood Control Project, Hunan Province only affect few houses and land in the villages (residential committees) along the flood-control dike and has no serious negative effect on the productivity and living conditions in most of the affected villages (residential committees). The opinions of relocatees will be gathered widely by means of participatory of planning in the affected townships (Sub-districts) and villages. According to the opinions and suggestions held by the relocatees and the situations in the affected areas, the general scheme of restoration has been established as follows, 1) In order to maintain the current life style and social relationship, restore their productivity and income level as well as to increase their enthusiasm and adaptabilities, affected rural residents (agriculture population) are settled by means of move-back and scattered resettled locally resettle within their own villages. 2) In view of the production, after obtaining the compensation for young crops and ground attachments, the affected farmers will be resettled within their villager’s groups. Developing the agricultural production will be the main body of the economic rehabilitation, and the main method is the partial cultivated land adjustment in the original group with assistant developing measures of hydro-facilities improving, agricultural crop structure adjustment, low-yield farmland improving and changing the dry farmland to paddy field etc., so as to dig out potential of the existing land and ensure the food production capacity of the resettlement people. Of which, for the land adjustment with the collectively-owned land, the land compensation fee and the resettlement subsidies should be controlled and put into utilization by the villager’s group collective; for the farmers not involved in the land acquisition but included in the range of land adjustment, the resettlement subsidies should be directly paid to them. At the same time, by combining the resource situation in project affected area, direct cash compensation will be conducted in some villager’s groups. The land compensation fee should be controlled and put into utilization by the villager’s group collective, and the resettlement subsidies should be directly paid to the farmers affected by the land acquisition. The affected farmers will be engaged in other agricultural activities by use of this compensation (such as adjustment of agricultural planting structure, development of green house vegetable ), or some

94 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

non-agricultural activities (such as animal breeding), so their production and living standards will be soon rehabilitated. 5.3 Plan for Livelihood Rehabilitation 5.3.1 Choice of Rehabilitation Method In November of 2004, the resettlement team carried out the on-spot survey, optimization and demonstration with the help of City PMO and local governments. According to the practical situation and the opinions of the relocatees, different resettlement methods have been developed, including cash compensating, move-back and scattered resettled locally, and rehabilitation through exchanging property rights. A contract should be signed between the relocatee and the project execution agency or the land acquisition implementation agency. The relocatee has the right to choose resettlement method and resettlement locations upon their willingness. 5.3.2 Principle and Procedure of Selecting Resettlement Sites 1) Principles The aim of rehabilitation of housing condition is to provide the relocated households with safe, convenient and graceful living environment. The new residential areas should have good terrain and geological conditions and reliable drinking water source. The location of new residential areas should be compatible with the economic rehabilitation plan. The location of new residential areas should be convenient for production, living and management. Save land, especially the cultivated land, as much as possible. Take the future population increase into account and leave rooms for further development. The distribution of houses in the residential areas should be based on the terrain conditions and take the lighting, ventilation, sanitation and greening conditions into account. The design of houses should meet the requirements of the relocatees and their financial abilities. 2) Procedures Based on the above principles, after on-spot survey and analyzing the terrain, geological, traffic, power and water source conditions, the location of new residential area is selected after negotiation with representative of relocatee and local government, taking the relocatees’ living and production conditions into account. 5.3.3 Planning of Demolition and Housing In the area of Leiyang City, 5 residential committees (villages) that belong to Shuidongjiang Sub-district, Caizichi Sub-district are affected by this project. 95 households with 409 people (including 403 agriculture people) will be removed with the demolished area of 21506.96 m2.

95 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Among 409 relocates in 95 households(including 403 agricultural population), 17 households with 70 persons belong to Shuidongjiang Village of Shuidongjiang Sub-district; 47 households with 189 persons belong to Meiqiao Village of Caizichi Sub-district, 15 households with 77 persons in Jinnan Village, 4 households with 21 persons in Niezhou Village and 12 households with 52 persons in Qinglu Village. Details of effects on relocatees are shown in Table 5.3-1. Table 5.3-1 Details of Demolition and Resettlement in the Urban Flood Control Project, Leiyang City

Village Population Need Resettlement Sub-district (Residential Committee) Household Population (Person) 2 5 95 409 Caizichi 4 78 339 Meiqiao Village 47 189 Jinnan Village 15 77 Niezhou 4 21 Qinglu 12 52 Shuidongjiang 1 17 70 Shuidongjiang 17 70

In order to minimize the negative impact to the relocatees, the resettlement working team has held meetings in each of the affected township (Sub-district) and villages (residential committees) respectively and discussed the resettlement methods with village officials and relocatee representatives. According to the relocatees’ wishes and the practical situations, it was determined that 95 households with 409 people will be move-back and scattered resettled locally in their existing villages. According to the principle of ‘unified planning, unified land acquisition and separate construction’, they will be compensated that is sufficient to build a house similar to the existing one and they are responsible to build their new house on the land arranged by the village. The land area used for rebuilding the house is within the range from 120 m2 to 150 m2 according to the regulations and standards in the existing national Land Administration Law, Implementation Regulation of Land Administration Law of Hunan Province and Compensation Methods for Land Acquisition and Demolition in Hengyang City. For the different impact by the project construction and the different resource structure and infrastructure in each village, thus, according to the villagers’ opinion, the practical situations and the principle of ‘Convenient for production and living’, each village should provide more than 2 different resettlement sites in which 3 to 8 households can be resettled. In addition, the villagers should also provide assistance during the process of house reconstruction and relocation. A total 14 housing sites in 5 affected villages along the project area will be provided to resettle 95 households with 409 people. According to the standard for land using, the standard of resettlement

96 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

compensation and local custom, this project team designed two types of house for the relocatees as reference. To rebuild their houses, the relocatees can follow the design or design their house by themselves according to their wishes and economic situations. The details of house examples are shown in Figure 3. The rebuilding and resettlement planning of the project area are shown in Table 5.3-2. Table 5.3-2 Details of Demolition and Resettlement in the Flood Control Project of Leiyang City

Total Move-back and scattered resettlement resettlement People need Sub-district Village population resettlement Resettlement site (person) (person) 2 5 409 409 Caizichi 4 339 339 Meiqiao 189 189 In original group Jinnan 77 77 In original group Niezhou 21 21 In original group Qinglu 52 52 In original group Shuidongjiang 1 70 70 Shuidongjiang 70 70 In original group

5.3.4 Infrastructure and Special Facilities There is no special planning since the resettlement by means of move-back and resettle locally can rely on existing infrastructures and social service systems. For affected local infrastructure facilities, in addition to provide compensation and restore them to original conditions and functions, the local governments could also, according to the local economic situation and the principle of ‘Convenient for production and living’, reasonably improve the facilities in the resettlement areas by providing additional funding or increasing the investment, making overall arrangement and constructing at the same time. 5.3.5 Assistance in Resettlement Process The land acquisition and resettlement implementation agency will be responsible for assisting resettlers at every aspects during the entire process of the resettlement: 1) Understand and try to satisfy the relocatees’ needs before the resettlement. 2) Help the resettlers dealing with their troubles such as arranging the vehicles and assisting the demolition during the process of resettlement. 3) Try to realize the resettlers’ comfort and discomfort and try to solve their difficulties in time after the resettlement. 5.3.6 Rehabilitation Plans for Affected Villages

97 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

1) Shuidongjiang Residential committee of Shuidongjiang Sub-district Shuidongjiang Residential committee is currently included into the governing range of Shuidongjiang Sub-district of Leiyang City. It lies at the east bank of Leishui River, in the east of the city with 0.5 kilometer away from the downtown, borders with Dongda Village of Shuidongjiang Sub-district in the east and south, adjoining to Leishui River in the west and north, All natural villages are connected with village-grade highways with excellent transportation. Every family is electrified, water supply basically depends on wells and about 70% families have telephones. The residential committee with total land areas of 6089.6 mu has 18 villager’s groups with 946 households of a population of 4180, all agricultural population, and in 2003 the net income per capita was RMB 2105 yuan. There are 15 successful village-running enterprises, which are mainly engaged in breeding, construction material and smelting. There are 150 households with the proportion of 16% of the whole village engaged in second and tertiary industries such as catering, clothing, goods and etc. There are about 65% of people are labor force in the village and 18% of people working outside mainly in Guangdong and Jiangsu and Zhejiang who engaged in the industries such as services, processing industry and etc.. In this project range, 17 households with 70 persons who belong to 3rd, 4th, 6th, 7th and 11th villager’s group of Shuidongjiang Residential Committee will be affected. According to the relocatees’ wishes and the practical situations, it was determined that 17 households with 70 people will be move-back and scattered resettled locally in their existing villages. According to the principle of ‘ unified planning, unified land acquisition and separate construction’, they will be compensated that is sufficient to build a house similar to the existing one and they are responsible to build their new house on the land arranged by the village. The land area used for rebuilding the house is within the range from 120 m2 to 150 m2; meanwhile the relevant departments shall provide some necessary supports to them. 2) Jinnan Village of Caizichi Sub-district Jinnan Village is currently included into the governing range of Caizichi Sub-district. It lies at the west bank of Leishui River, in the south of the city with 1.5 kilometer away from the downtown, borders with Pai Village of Caizichi Sub-district in the north, adjoining to Leishui River in the west and north, S320 Provincial Route travels through the village, and all natural villages are connected with village-grade highways with excellent transportation. Every family is electrified, water supply basically depends on wells and about 40% families have telephones, the residential committee with total land areas of 3000 mu has 20 villager’s groups with 1095 households of a population of 3764, all agricultural population, and in 2003 the net income per capita was RMB 2910 yuan. There are 12 households with the proportion of 1.1% of the whole village engaged in second and tertiary

98 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

industries such as catering, clothing, goods and etc. There are about 50% people are labor force in the village and 110 persons working outside mainly in Guangdong and Fujian who engaged in the industries such as construction, shoe-making and etc. In this project range, 15 households with 77 persons who belong to 9th, 13th, 15th, and 17th villager’s group of Jinnan Village will be affected. According to the relocatees’ wishes and the practical situations, it was determined that 15 households with 77 people will be resettled locally in their existing villages. According to the principle of ‘ unified planning, unified land acquisition and separate construction’, they will be compensated that is sufficient to build a house similar to the existing one and they are responsible to build their new house on the land arranged by the village. The land area used for rebuilding the house is within the range from 120 m2 to 150 m2; meanwhile the relevant departments shall provide some necessary supports to them. 3) Meiqiao Village of Caizichi Sub-district Meiqiao Village is currently included into the governing range of Caizichi Sub-district. It lies at the left bank of Leishui River, in the north of the city, borders with Qinglu Village in the east, Xiguan Village in the west, Hualong Village in the south and adjoining to Leishui River in the north. All natural villages are connected with village-grade highways with excellent transportation. Every family is electrified, water supply basically depends on tap water and about 90% families have telephones. Total population is 6310, of whom 5230 are agricultural population. In 2003 the net income per capita was RMB 3122 yuan. There are 160 households with the proportion of 1.1% of the whole village engaged in second and tertiary industries such as catering, clothing, goods and etc.. There are about 62% people are labor force in the village and 420 people working outside mainly in Guangdong Province and Fujian Province who engaged in the industries such as construction, shoe-making and etc. In this project range, total 47 households with 189 persons will be resettled in Meiqiao area. In this project range, 47 households with 189 persons who belong to 5th, 9th, and 10th villager’s group of Meiqiao Village will be affected. According to the relocatees’ wishes and the practical situations, it was determined that 47 households with 189 people will be resettled locally in their existing villages. According to the principle of ‘unified planning, unified land acquisition and separate construction’, they will be compensated that is sufficient to build a house similar to the existing one and they are responsible to build their new house on the land arranged by the village. The land area used for rebuilding the house is within the range from 120 m2 to 150 m2, meanwhile the relevant departments shall provide some necessary supports to them. 4) Niezhou Village of Caizichi Sub-district Niezhou Village is currently included into the governing range of Caizichi Sub-district. It lies at the

99 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

east bank of Leishui River, in the south of the city with 1.0 km away from the downtown, borders with Pailou Village in the east, Zaoshi Village of Zaoshi Sub-district in the west, Shatou Village of Zaoshi Sub-district in the south and adjoining to Xihu Village of Caizichi Sub-district in the north. All natural villages are connected with village-grade highways with excellent transportation. Every family is electrified, water supply basically depends on wells and about 90% of families have telephones. The residential committee with total land areas of 3000 mu has 20 villager’s group with 2865 households of 10241 persons, of whom 1770 persons are agricultural population, and in 2003 the net income per capita was RMB 3040 yuan. There are 200 households with the proportion of 7.0% of the whole village engaged in second and tertiary industries such as catering, clothing, goods and etc.. There are about 50% people are labor force in the village and 1100 people working outside mainly in Guangdong and Fujian who engaged in the industries such as service, shoe-making and etc.. In this project range, 4 households with 21 persons who belong to 22nd and 27th villager’s group of Niezhou Village will be affected. According to the relocatees’ wishes and the practical situations, it was determined that 4 households with 21 people will be resettled locally in their villages. According to the principle of ‘ unified planning, unified land acquisition and separate construction’, they will be compensated that is sufficient to build a house similar to the existing one and they are responsible to build their new house on the land arranged by the village. The land area used for rebuilding the house is within the range from 120 m2 to 150 m2, meanwhile the relevant departments shall provide some necessary supports to them. 5) Qinglu Village of Caizichi Sub-district Qinglu Village is currently included into the governing range of Caizichi Sub-district. It lies at the left bank of Leishui River, in the north of the city with 1.0 km away from the downtown, borders with Leishui in the east, Meiqiao Village of Zaoshi Sub-district in the south, Xihu Village in the west and north. All natural villages are connected with village-grade highways with excellent transportation. Every family is electrified, water supply basically depends on wells, and there is no telephone in this village. The residential committee with total land areas of 6000 mu has 21 villager’s groups with 840 households of 3365 persons, all agricultural population, and in 2003 the net income per capita was RMB 3041 yuan. There are 12 households with the proportion of 1.4% of the whole village engaged in second and tertiary industries such as catering, clothing, goods and etc.. There are about 52% people are labor force in the village and 510 people working outside mainly in Guangdong and Fujian who engaged in the industries such as construction, shoe-making and etc.. In this project range, 12 households with 52 persons who belong to 19th villager’s group of Jinnan Village will be affected. According to the relocatees’ wishes and the practical situations, it was

100 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

determined that 12 households with 52 people will be resettled locally in their existing villages. According to the principle of ‘unified planning, unified land acquisition and separate construction’, they will be compensated that is sufficient to build a house similar to the existing one and they are responsible to build their new house on the land arranged by the village. The land area used for rebuilding the house is within the range from 120 m2 to 150 m2, meanwhile the relevant departments shall provide some necessary supports to them. 5.4 Economic Rehabilitation Planning 5.4.1 Tasks of Economic Rehabilitation Efforts For the agricultural population who loses farmland for the project, they will be provided with economic rehabilitation. According to the survey and statistics, the land requisition will involves 23 groups in 5 villages in Shuidongjiang Sub-district and Caizichi Sub-district of Leiyang City, and the number of directly affected population is 352 households with 1521 people. The area of permanent cultivated land is 157.28 mu and the number of persons who need economic rehabilitation will be 419. The project does not consider population’s natural increase factor for the time being and the number of rehabilitation population is based on the actual survey number. More details of agricultural people need economic rehabilitation in every villager’s group will be shown in Table 5.4-1.

101 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Table 5.4-1 Population Statistic Table for Economic Rehabilitation

Current state Per Capita Village Acquired cultivated land (mu) Resettlement Township Cultivated land (mu) Cultivated (Residential Group Agricultural population (Sub-district) Land Committee) Population Total Paddy field Dry land Total Paddy field Dry land (person) (mu/person) 2 5 23rd 4836 1814.04 718.88 1095.16 0.38 131.38 131.38 419 Caizichi 4 11th 2219 863.41 285.72 577.69 0.39 56.4 56.4 169 Pailou 1st 157 30.74 30.74 0.2 5.96 5.96 30 4th 157 30.74 30.74 0.2 5.96 5.96 30 Qinglu 1st 97 8 8 0.08 0.5 0.5 6 19th 97 8 8 0.08 0.5 0.5 6 Niezhou 1st 290 115.54 31.95 83.59 0.4 5.62 5.62 14 22nd 290 115.54 31.95 83.59 0.4 5.62 5.62 14 Jinnan 8th 1675 709.13 253.77 455.36 0.42 44.32 44.32 119 9th 259 70 3.5 66.5 0.27 3.06 3.06 11 10th 270 196.8 109.8 87 0.73 8.22 8.22 11 11th 152 120.6 88.5 32.1 0.79 6.42 6.42 8 13th 222 62 8 54 0.28 7.52 7.52 27 15th 192 57.6 9.6 48 0.3 1.3 1.3 4 16th 171 45 7.3 37.7 0.26 3.64 3.64 14 17th 343 150.09 27.07 123.02 0.44 12.54 12.54 29 20th 66 7.04 7.04 0.11 1.62 1.62 15 Shuidongjiang 1 12th 2617 950.63 433.16 517.47 0.36 74.98 74.98 250 Shuidongjiang 12th 2617 950.63 433.16 517.47 0.36 74.98 74.98 250 1st 176 81.2 81.2 0.46 13.02 13.02 28 2nd 122 139.5 69.9 69.6 1.14 4.68 4.68 4 3rd 179 126.56 63.2 63.36 0.71 3.32 3.32 5 4th 252 142.57 77.3 65.27 0.57 3.66 3.66 6 5th 273 137.97 42.5 95.47 0.51 14.46 14.46 28 6th 187 55.84 18.48 37.36 0.3 8.86 8.86 30 7th 180 55.72 20.79 34.93 0.31 8.04 8.04 26 8th 200 52.2 32.8 19.4 0.26 3.4 3.4 13 9th 407 21.5 15.8 5.7 0.05 2.52 2.52 50 11th 312 25.1 19.5 5.6 0.08 2.4 2.4 30 14th 153 55.97 32.53 23.44 0.37 7.08 7.08 19 15th 176 56.5 40.36 16.14 0.32 3.54 3.54 11

The temporary land acquisition of this project involves 4 village groups in Qinglu villages in Caizichi Sub-district. The number of actual affected population is 45 households with 185 people. There is no economic rehabilitation population since the affected villagers will be compensated every year during the temporary land occupation and the land will be leveled, restored and returned to the affected villagers after their occupation.

102 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

5.4.2 Objectives of Economic Rehabilitation Reconstruction of production and restoring of relocatees’ living standards are main standards for judging whether rehabilitation plan is feasible or not. In the view of agricultural incomes, there exists unbalanced phenomenon among different regions, in order to maintain the current living level of relocatees after resettlement, it should make it as the objective of resettlement that restoring and exceeding the current net incomes per capita. In Nov. of 2004, under the cooperation of the City PMO and different levels of governments, the resettlement task team carried out a detailed impact survey and social economic survey among affected people, including their incomes and expenditures. According to the analysis of the incomes and expenditures of agricultural households, in 2003 the net income per capita among affected

people was RMB 2565 yuan. Based on annual average increase of 4.3% in the past (2001～2003),

and based on the fact that he resettlement plan will be implemented in 2005, the target income for the affected people will be set at RMB 2786 yuan per capita. In order to ensure the resettlers reach or exceed the original living standard, the net income per capita has an objective value of reaching or exceeding RMB 2786 yuan. 5.4.3 Environmental Capacity Analysis The environmental capacity of resettlement area is refers to the number of relocatees that an area can support and absorb with normal economic and ecological sustainability. The scope of this survey on resettlement’s environmental capacity is based on the rehabilitation scheme that is proposed in “Resettlement Plan”. As majority of the farmlands in project areas have been in possession of others, the agricultural populations who finally need rehabilitation by land have to share original land resources with residents in the host areas, and are guaranteed to get mutual benefit with local residents. To achieve this objective, a series of measures should be taken to increase agricultural income, such as increasing investment on agriculture, improving fertility of field, changing variety of crops, transforming low-yield fields and changing dry farm lands into paddy fields. The analysis on the change of land holding among affected villages and groups (Table 5.4.2) indicates: the land area of the 5 affected villages will be reduced from 0.32 mu/ person to 0.3 mu after land acquisition, with average reduction of 0.02 mu/person decreased, accounting for 8.42%. Among the 23 groups of 5 villages affected by land acquisition, those with average farmland over 0.5 mu /person amount to 5 groups of 2 villages, namely the 10th and 11th groups of Jinnan Village of Caizichi Sub-district, the 2nd, 3rd, 4th groups of Shuidongjiang Village of Shuidongjiang Sub-district. Among these affected groups with more than 0.5 mu/person, a large number of farmlands are in

103 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

low yield because of low investment, lack of management, poor soil fertility, simple crop, and incomplete irrigation facilities. Therefore by fully utilizing potential of existing farmland, it is feasible to improve the level of production and the unit yield and achieve the objective of rehabilitation. The proposed measures could include increasing investment on low yield field, improving soil fertility, introducing high yield crops, improving cultivation system, building irrigation facilities, and reinforcing field management and other reformative measures; so that some dry land could be converted into irrigation land, and more yield could be achieved for most remaining land. However there are 18 groups (in 5 villages) among 23 affected groups (in 5 affected villages) with their average farmland below 0.5 mu per person, among them, 20th group of Jinnan Village at Caizichi Sub-district has the largest reduction with 23.01% of loss, with the land holding being 0.08 mu/person; while the 9th group of Shuidongjiang Village at Shuidongjiang Sub-district has the lowest per capita land holding after land acquisition, or 0.05 mu/person, with reduction being 11.72%. The average land holding of rest villages after land acquisition are all below 0.5 mu /person, but 9 groups are below 10% of land acquisition, 8 groups are between 10%-20%, and 1 group is above 20%. The main reason for such situation is that in recent years most of farmland among these villages had been acquired along with the rapid development and expansion of Leiyang City Since for those agricultural populations who need rehabilitation by farmland, they have to share limited land resources with residents in the affected villages, the limited land holding makes it hard to guarantee mutual benefit for both resettlers and local residents. Concerning this, other related measures should be carried out to provide economic rehabilitation for those village groups with per capita farmland below 0.5 mu/person after land acquisition, which include green house vegetables and second and tertiary industry.

104 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Table 5.4-2 The Contrast of Cultivated land Before and After Land Acquisition of Urban Flood Control Project

Current state Acquisition cultivated land (mu) After acquisition The proportion of Village (Residential Sub-district Group Agricultural Cultivated land (mu) Per capita cultivated Per capita cultivated land acquisition Committee) Total Paddy field Dry land Total Paddy field Dry land Population Total Paddy field Dry land land (mu/person) land (mu/person) (%) 2 5 23rd 4836 1561.14 718.88 1095.16 0.32 131.38 131.38 1429.76 718.88 963.78 0.3 8.42 Caizichi 4 11th 2219 863.41 285.72 577.69 0.39 56.4 56.4 807.01 285.72 521.29 0.36 6.53 Pailou 1st 157 30.74 30.74 0.2 5.96 5.96 24.78 24.78 0.16 19.39 4th 157 30.74 30.74 0.2 5.96 5.96 24.78 24.78 0.16 19.39 Qinglu 1st 97 8 8 0.08 0.5 0.5 7.5 7.5 0.08 6.25 19th 97 8 8 0.08 0.5 0.5 7.5 7.5 0.08 6.25 Niezhou 1st 290 115.54 31.95 83.59 0.4 5.62 5.62 109.92 31.95 77.97 0.38 4.86 22nd 290 115.54 31.95 83.59 0.4 5.62 5.62 109.92 31.95 77.97 0.38 4.86 Jinnan 8th 1675 709.13 253.77 455.36 0.42 44.32 44.32 664.81 253.77 411.04 0.4 6.25 9th 259 70 3.5 66.5 0.27 3.06 3.06 66.94 3.5 63.44 0.26 4.37 10th 270 196.8 109.8 87 0.73 8.22 8.22 188.58 109.8 78.78 0.7 4.18 11th 152 120.6 88.5 32.1 0.79 6.42 6.42 114.18 88.5 25.68 0.75 5.32 13th 222 62 8 54 0.28 7.52 7.52 54.48 8 46.48 0.25 12.13 15th 192 57.6 9.6 48 0.3 1.3 1.3 56.3 9.6 46.7 0.29 2.26 16th 171 45 7.3 37.7 0.26 3.64 3.64 41.36 7.3 34.06 0.24 8.09 17th 343 150.09 27.07 123.02 0.44 12.54 12.54 137.55 27.07 110.48 0.4 8.35 20th 66 7.04 7.04 0.11 1.62 1.62 5.42 5.42 0.08 23.01 Shuidongjiang 1 12th 2617 950.63 433.16 517.47 0.27 74.98 74.98 622.75 433.16 442.49 0.24 10.75 Shuidongjiang 12th 2617 950.63 433.16 517.47 0.27 74.98 74.98 622.75 433.16 442.49 0.24 10.75 1st 176 81.2 81.2 0.46 13.02 13.02 68.18 68.18 0.39 16.03 2nd 122 139.5 69.9 69.6 1.14 4.68 4.68 134.82 69.9 64.92 1.11 3.35 3rd 179 126.56 63.2 63.36 0.71 3.32 3.32 123.24 63.2 60.04 0.69 2.62 4th 252 142.57 77.3 65.27 0.57 3.66 3.66 138.91 77.3 61.61 0.55 2.57 5th 273 137.97 42.5 95.47 0.51 14.46 14.46 123.51 42.5 81.01 0.45 10.48 6th 187 55.84 18.48 37.36 0.3 8.86 8.86 46.98 18.48 28.5 0.25 15.87 7th 180 55.72 20.79 34.93 0.31 8.04 8.04 47.68 20.79 26.89 0.26 14.43 8th 200 52.2 32.8 19.4 0.26 3.4 3.4 48.8 32.8 16 0.24 6.51 9th 407 21.5 15.8 5.7 0.05 2.52 2.52 18.98 15.8 3.18 0.05 11.72 11th 312 25.1 19.5 5.6 0.08 2.4 2.4 22.7 19.5 3.2 0.07 9.56 14th 153 55.97 32.53 23.44 0.37 7.08 7.08 48.89 32.53 16.36 0.32 12.65 15th 176 56.5 40.36 16.14 0.32 3.54 3.54 52.96 40.36 12.6 0.3 6.27

105 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

5.4.4 Economic Rehabilitation Plans In Nov of 2004, the resettlement task team together with the City PMO, carried out on-spot survey on the conditions of land, water resources and other natural resources in the affected areas; and held consultation meeting among relevant local townships (sub-districts), village cadres and some resettlers’ representatives to discuss proposed rehabilitation options. Based on survey, extensive consultation and analysis of local conditions, including land holding and sources of income for each affected village, general economic rehabilitation plan has been developed. They include: (1) land readjustment of 24.89 mu within effected village groups, which will provide rehabilitation for 34 persons need economic rehabilitation; development of 33 mu of green house vegetables which will provide rehabilitation of 132 people; and 253 persons will be provided rehabilitation through animal husbandry activities. For more details about group economic rehabilitation scheme, see Table 5.4-3. Economic Rehabilitation Plan Table 5.4-3

The second and tertiary Agricultural Resettlement Industry Total Green house Resettlement Subtotal Adjustment in group Sub-district Village Group vegetable Resettlement Population Resettlement Resettlement Resettlement Project Population (person) Area Area Population Population Population (person) (mu) (mu) (person) (person) (person) 2 5 23rd 419 166 24.89 34 33 132 253 Caizichi 4 11th 169 97 13.7 19 19.5 78 72 Pailou 1st 30 30 Service 4th 30 30 Industry Qinglu 1st 6 6 1.5 6 19th 6 6 1.5 6 Niezhou 1st 14 14 3.5 14 22nd 14 14 3.5 14 Jinnan 8th 119 77 13.7 19 14.5 58 42 9th 11 11 2.75 11 10th 11 11 7.7 11 11th 8 8 6 8 Transportation 13th 27 27 Industry 15th 4 4 1 4 16th 14 14 3.5 14 17th 29 29 7.25 29 Transportation 20th 15 15 Industry Shuidongjiang 1 12th 250 69 11.19 15 13.5 54 181 Shuidongjiang 12th 250 69 11.19 15 13.5 54 181 Construction 1st 28 Material 28 Industry 2nd 4 4 4.44 4

106 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Economic Rehabilitation Plan Table 5.4-3

The second and tertiary Agricultural Resettlement Industry Total Green house Resettlement Subtotal Adjustment in group Sub-district Village Group vegetable Resettlement Population Resettlement Resettlement Resettlement Project Population (person) Area Area Population Population Population (person) (mu) (mu) (person) (person) (person) 3rd 5 5 3.45 5 4th 6 6 3.3 6 Smelting 5th 28 28 Industry Construction 6th 30 Material 30 Industry Construction 7th 26 Material 26 Industry 8th 13 13 3.25 13 Smelting 9th 50 50 Industry 11th 30 30 7.5 30 Smelting 14th 19 19 Industry 15th 11 11 2.75 11

1) Cultivated Land Adjustment in Groups According to survey, 2 villager’s groups affected by project in project area would like to choose the economic rehabilitation mode of re-allocate the cultivated land in the group. The land resources in these villages and groups are usually abundant. The cultivated land per capita after land acquisition is between 0.55 mu per capita and 1.11 mu per capita. The affected villagers are accustomed to make a living on the farmland, and lack other skills of making a living; they would like to keep their traditional production mode and means of living. In the overall project planning, there are 24.89 mu cultivated land will be adjusted within the villager’s group for 34 resettlers. After adjustment of cultivated land, the cultivated land per person in this group will be less. In order to keep relocatees’ living level developing as other villagers’, it is necessary to develop fully the latent capacity of the remaining cultivated land, to insist the principle that is called that “exchanging quality for quantity”, and to enhance the yield and output value of the remaining cultivated land. In this project, together with the implementation of agricultural structure adjustment item, some agricultural technicians shall be hired to strengthen the agricultural technique training of rural relocatees and to guide them to fulfil the measures of “improving low yield land, changing dry farmland into paddy field”, rightly to enhance the elemental area output value and the cultivated land capacity, so as to fully and well rehabilitate the relocatees in this village with cultivated land

107 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

adjustment in this villager’ s group. 2) Development of Green House Vegetable In the project-affected scope, there are 9 villager’s groups in 4 villages with less cultivated land acquisition and no any household will totally lose his lands. According to the selection of most relocatees, in these groups the affected families shall be rehabilitated with cash compensation but not cultivated land adjustment. The affected families will use the compensation fee to develop green house vegetable, which can meet the urban residents’ requirement for vegetable in City and also well engage the relocatee’s in production to increase their income. In the general project planning, there are 33 mu land for developing the counter season and nuisance free green house vegetables, and 132 relocatees will be resettled. 3) Development of Second and Tertiary Industries According to investigation, 9 groups in the three villages of Shuidongjiang Village, Pailou Village and Jinnan Village have little residual cultivated land, and it is impossible to conduct adjustment in group there (even in village). As the short distance away from urban district, and high enthusiasm for second and tertiary industries in the 9 groups, 253 persons in this area will be resettled by the means of development of second and tertiary industries. As the resettlement scheme of the project area is determined in terms of the opinions of most resettlers, maybe individual resettlers will disagree with the resettlement scheme of their village and group, and other modes shall be adopted, the PMO will try best to coordinate and settle the problems. If the resettlers have their own approaches for revenues, namely, they have fixed operation sites in other places, applicable operation skills and production equipment, or relatively steady income resources, as well as they accept cash compensation and they want to find jobs by themselves, after the EA verifies if they completely meet the self-employed conditions, and they sign the resettlement agreement, receive the notarial certificate and go through other procedures during the project implementation process, the resettlement subsidies will be directly paid to the self-employed persons. For the groups and villages need cash compensation, if individual resettlers want to undertake agricultural production, the EA will help them obtain land, and continue agricultural production.

5.4.5 Planning of Economic Rehabilitation in Host Village 1) Shuidongjiang Residential committee of Shuidongjiang Sub-district ----Current State Shuidongjiang Residential committee is an administrative village governed by Shuidongjiang Sub-district of Leiyang City. It lies at the east bank of Leishui River, in the east part of the city with

108 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

0.5 kilometer away from the downtown, borders with Dongda Village of Shuidongjiang Sub-district in the east and south, adjoining to Leishui River in the west and north, All natural villages are connected with village-grade highways with excellent transportation. Every family is electrified, water supply basically depends on wells and about 70% families have telephones. The residential committee with total land of 6089.6 mu has 18 villager’s groups with 946 households of 4180 persons, all agricultural population, and in 2003 the net income per capita was RMB 2105 yuan. There are 15 village-operated enterprises in good operation, which are mainly engaged in breeding, construction material and smelting. There are 150 households with the proportion of 16% of the whole village engaged in second and tertiary industries such as catering, clothing, goods and etc.. There are about 65% people are labor force in the village and 18% of people working outside mainly in Guangdong and Jiangsu and Zhejiang who engaged in the industries such as services, processing industries. Growing rice, cole and vegetable are the main agricultures of Shuidongjiang Residential Committee and rice is two-season crop rice. There are 1001.45 mu of cultivated lands in the village with 415.04 mu of paddy fields and 586.41 mu of dry lands. The current per capita cultivated land is 0.23 mu. ----Land Acquisition This project needs to acquire 74.98 mu of cultivated lands of the village which are all dry lands. Per capita remaining cultivated land after land acquisition is 0.28 mu, with a reduction of 0.02 mu or 5.98%. Table 5.4-4 shows the cultivated land acquisition in detail. Cultivated Land of Each Villager’s group in Shuidongjiang Village Table 5.4-4 Acquired cultivated land Reducing Cultivated land area (mu) Per capita (mu) Per capita proportion of cultivated cultivated per capita Agricultural Villager’s land before land after cultivated population group Paddy land Paddy land land before (person) Total Dry land Total Dry land field acquisition field acquisition and after land (mu/person) (mu/person acquisition (%) 1 176 81.2 81.2 0.46 13.02 13.02 0.39 16.03 2 122 139.5 69.9 69.6 1.14 4.68 4.68 1.11 3.35 3 179 126.56 63.2 63.36 0.71 3.32 3.32 0.69 2.62 4 252 142.57 77.3 65.27 0.57 3.66 3.66 0.55 2.57 5 273 137.97 42.5 95.47 0.51 14.46 14.46 0.45 10.48 6 187 55.84 18.48 37.36 0.3 8.86 8.86 0.25 15.87 7 180 55.72 20.79 34.93 0.31 8.04 8.04 0.26 14.43 8 200 52.2 32.8 19.4 0.26 3.4 3.4 0.24 6.51 9 407 21.5 15.8 5.7 0.05 2.52 2.52 0.05 11.72 10 359 38.02 33.8 4.22 0.11 0.11

109 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Cultivated Land of Each Villager’s group in Shuidongjiang Village Table 5.4-4 Acquired cultivated land Reducing Cultivated land area (mu) Per capita (mu) Per capita proportion of cultivated cultivated per capita Agricultural Villager’s land before land after cultivated population group Paddy land Paddy land land before (person) Total Dry land Total Dry land field acquisition field acquisition and after land (mu/person) (mu/person acquisition (%) 11 312 20.7 19.5 1.2 0.07 2.4 2.4 0.06 11.59 12 328 83.28 63.53 19.75 0.25 0.25 13 330 82.67 67.9 14.77 0.25 0.25 14 153 55.97 32.53 23.44 0.37 0.37 15 176 56.5 40.36 16.14 0.32 7.08 7.08 0.28 12.53 16 184 28.81 19.67 9.14 0.16 3.54 3.54 0.14 12.29 17 292 50.75 39.6 11.15 0.17 0.17 18 70 24.59 10.28 14.31 0.35 0.35 Total 4180 1254.35 667.94 586.41 0.3 74.98 74.98 0.28 5.98 ----Economic Rehabilitation Measure The permanent land acquisition will actually affect 120 households with 436 people in Shuidongjiang Residential Committee and the population needs economic rehabilitation is 250 persons. Based on consultation among affected people, consideration of actual conditions in the village, and discussions by village committees, the following measures will be adopted for economic rehabilitation. Since per capita cultivated lands of 2nd, 3rd and 4th villager’s groups are over 0.5 mu, and most of the land contractors are unwilling to cultivate the lands due to the planning of engaging in second and tertiary Industries, so these 3 groups can be relocated by readjustment inside the group according to consultation with them, 11.19 mu of cultivated land will be provided economic rehabilitation for 15 affected persons. And the land compensation shall be paid to the land contractors. Since 9 groups of 1st, 5th, 6th, 7th, 8th, 9th, 11th, 14th and 15th whose per capita cultivated land will be less than 0.5 mu after land acquisition, and the cultivated land proportions of 8th, 11th, 15th are all below 10%. On the other hand, the villagers are quite enthusiastic for growing green house vegetables, 13.5 mu of green house will be build up to relocate 54 persons with skill training. The proportions of acquired land of 6 groups of 1st, 5th, 6th, 7th, 9th, 14th are big, and their main economic income are from the second and tertiary industries (such as developing processing industry and transportation industry). But due to the small per capita cultivated land, the adjustment within the group cannot be carried out. 181 persons will be relocated by developing second and tertiary industries (processing industry and transportation industry). The relocatees will use their land

110 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

acquisition compensation to develop the green house vegetable, second and tertiary industry. 2) Jinnan Village of Caizichi Sub-district ----Current State Jinnan Village is currently included into the governing range of Caizichi Sub-district. It lies at the west bank of Leishui River, in the south of the city with 1.5 kilometer away from the downtown, borders with Pai Village of Caizichi Sub-district in the north, adjoining to Leishui River in the west and north, S320 Provincial Route travels through the village, and All natural villages are connected with village-grade highways with excellent transportation. Every family is electrified, water supply basically depends on wells and about 40% of families have telephones, the residential committee with total land of 3000 mu has 20 villager’s groups with 1095 households of 3764 persons, all agricultural population, and in 2003 the net income per capita was RMB 2910 yuan. There are 12 households with the proportion of 1.1% of the whole village engaged in second and tertiary industries such as catering, clothing, and goods. There are about 50% people are labor force in the village and 110 people working outside mainly in Guangdong and Fujian who engaged in the industries such as construction, shoe-making. Growing rice is the main agriculture of Jinnan Village and rice is two-season crop rice. There are 958.15 mu of cultivated lands in the village with 248.57 mu of paddy fields and 709.58 mu of dry lands. The current per capita cultivated land is 0.25 mu. ----Land Acquisition This project needs to acquire 44.32 mu of cultivated lands of the village, which are all dry lands. Per capita remaining cultivated land after land acquisition is 0.32 mu, reducing by 0.01mu or 3.53%. Table 5.4-5 shows the cultivated land acquisition in detail. Cultivated Land of Each Villager’s group in Jinnan Village Table 5.4-5

Reducing Per capita Per capita Cultivated land area Acquired cultivated proportion of per Agricultural cultivated land cultivated land Villager’s (mu) land (mu) capita cultivated population before land after land group land before and (person) acquisition acquisition after land (mu/person) (mu/person Paddy Dry Paddy Dry acquisition (%) Total Total field land field land 2 206 56 38 18 0.27 0.27 3 255 50 38 12 0.2 0.2 4 211 48.2 36.4 11.8 0.23 0.23 5 286 46.4 17.8 28.6 0.16 0.16 6 88 46 37.9 8.1 0.52 0.52

111 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Cultivated Land of Each Villager’s group in Jinnan Village Table 5.4-5

Reducing Per capita Per capita Cultivated land area Acquired cultivated proportion of per Agricultural cultivated land cultivated land Villager’s (mu) land (mu) capita cultivated population before land after land group land before and (person) acquisition acquisition after land (mu/person) (mu/person Paddy Dry Paddy Dry acquisition (%) Total Total field land field land 7 258 53 25 28 0.21 0.21 9 259 70 3.5 66.5 0.27 3.06 3.06 0.26 4.37 10 270 196.8 109.8 87 0.73 8.22 8.22 0.7 4.18 11 152 120.6 88.5 32.1 0.79 6.42 6.42 0.75 5.32 12 124 123.95 93.2 30.75 1 1 13 222 62 8 54 0.28 7.52 7.52 0.25 12.13 14 164 48 48 0.29 0.29 15 192 57.6 9.6 48 0.3 1.3 1.3 0.29 2.26 16 171 45 7.3 37.7 0.26 3.64 3.64 0.24 8.09 17 343 150.09 27.07 123.020.44 12.54 12.54 0.4 8.35 18 257 40 40 0.16 0.16 19 240 36 36 0.15 0.15 20 66 7.04 7.04 0.11 1.62 1.62 0.08 23.01 Total 3764 1256.68 540.07 716.61 0.33 44.32 44.32 0.32 3.53 ----Economic Rehabilitation Measure The permanent land acquisition will actually affect 98 households with 470 people in Jinnan Village and the population need to be rehabilitated is 119. Based on consultation among affected people, consideration of actual conditions in the village, and discussions by village committees, the following measures will be adopted for economic rehabilitation. Since the cultivated land in 10th, 11th groups and per capita cultivated lands are all over 0.5 mu, correspondingly rich, 13.7 mu of cultivated land will be adjusted within the group to provide debilitation for with 19 persons, and the land resettlement compensation shall be paid to the land contractors who give the land to others. Since 6 groups of 9th, 13th,15th, 16th, 17th, 20th whose per capita cultivated land will less than 0.5 mu after land acquisition, and the proportions of cultivated land of 9th, 15th, 16th, 17th groups are all below 10%. On the other hand, the villagers are quite enthusiastic for growing green house vegetables, 14.5 mu of green house will be build up to provide rehabilitation for 58 persons with skill training. The proportions of occupied land of 2 groups of 13th, 20th are big, and their main economic income are from second and tertiary industries (developing processing industry and

112 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

transportation industry). But due to the small per capita cultivated land, the adjustment in the group cannot be carried out. 42 persons will be relocated by developing second and tertiary industries (processing industry and transportation industry). The relocatees will use their land acquisition compensation to develop the green house vegetable, second and tertiary industries. 5.4.6 Investment of Economic Rehabilitation 1) Farmland Readjustment In the project, paid-for land readjustment should be carried out in allocating cultivated land. According to the plan, a total of 24.89 mu of paddy fields will be allocated to the affected individuals, and the cost for such land readjustment will be RMB 0.5629 million yuan based on RMB 22,616 yuan per mu of unit compensation rate for paddy adopted for the land in the project. 2) Develop Green house vegetables Following land readjustment, due to reduction of farmland, compensation funds of land should be used and measures of production and development such as improving cultivated structure, strengthening the management in fields to recuperate the loss from losing part cultivated land. According to the analysis of cost for green house development, each green house will occupy about 0.25 mu of farmland, and 4 green houses will be needed for developing each mu of green house vegetable field. Based on unit cost of RMB 6,625 yuan per each green house, the average cost of RMB 26,608 yuan of investment will be needed in order to change each mu of paddy field into green house for vegetable field. (Table 5.4-6 shows the information in detail). Analysis of Investment Unit Price in Changing Paddy Field into Vegetable Green House Table 5.4-6

Unit price Sum Item Unit Quantity Remarks (yuan) (yuan) 1.Project investment 4715 1.1 Green house One 4515 1 4515 Work Including field-cleaning, trellis-shelving 1.2 Labor 20 10 200 day and etc. 2. Matching facility 125 2.1 Hydro facility yuan 125 3. Operation cost 1193 3.1 Seed yuan 720 3.2 Farm fertilizer t 140 2 280 3.3 Chemical kg 1.24 55 68 fertilizer 3.4 Medicines kg 125 4. Technical service 302 Calculated by 5% of fees from 1st-3rd items fee 5. Unforeseen fee 317 Calculated by 5% of fees from 1st-4th items

113 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Analysis of Investment Unit Price in Changing Paddy Field into Vegetable Green House Table 5.4-6

Unit price Sum Item Unit Quantity Remarks (yuan) (yuan) 6. Total 6652

According to economic rehabilitation plan, a total of 33 mu of green house vegetable field will be developed, which will cost about RMB 0.8781 million yuan. 5.4.7 Forecast of Economic Income Level Resettlement production development means to combine resettlement with project construction, resource exploitation, soil and water conservation and economic development and make resettlement production reach or exceed intrinsic living condition step by step. Planning scheme of production development is brought out on the basis of natural and social economic characters of project region and collecting opinions of resettlement. Analysis of output profits of its developing items is as followings. 1) Green house vegetables: The production cost of normal year of each green house vegetable is 1193 yuan per year (including operation cost and technical service charge) and each green house can yield 4500 kg of counter season vegetables. Each green house can add 2973.03 yuan of profit per year which is beyond the per capita pure income of 2786 yuan in project region if the profit of vegetable per kg is calculated as one yuan and cost and alternative land profit are deducted (the alternative land profit is 333.97 yuan if the annual production value of paddy field is 1335.86 yuan per mu and each green house occupies 0.25 mu). 5.4.8 Rehabilitation Measures for Relocatees’ Economic Income The project implementation agency will offer help and support to the relocatees as much as possible during the whole course of relocatees livelihood recovery in this project. They include: 1) Distribute resettlement subsidy and help relocatees to become self-employed. Any labor output project in the municipal area will give priority to the affected persons. 2) Strengthen the training of production skills for relocatees and invite experienced specialists to train the relocatees to develop cultivation industry and animal husbandry industry. 3) Give first priority to the relocatees when hire labour for the project construction. According to the design of this project construction organization, the project construction will totally take up 0.1698 million working days with labor force, and will afford some employment chances including land levelling and landscape works. Though some project tasks will be temporary, the income of these employees, according to income survey of the same work type in Leiyang City,

114 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

will be 800~1000Yuan/month. So the local relocatees will be given short-term incomes which will be useful to enhancing living level of affected people and restoring their income and livelihoods. 5.5 Rehabilitation Plan for Affected Commercial Units The project will affect 3 small shops during land acquisition and resettlement, which are all located in the Caizichi Sub-district, and the structure owners are the owners’ of these non-professional shops. More details are showed in Table 2.3-8. These 3 shops are all relatively small. The main customer base is local residents with few floating population. Since the demolition and reconstruction of houses of this project will be carried out in accordance with scattered and moving-back resettlement, this project plans to give priority to locate housing plot at the intersection with many populations or on the both sides of main roads. Thus the customer number will not be reduced and the shop owners can keep existing operation level. 5.6 Rehabilitation plan for Affected Enterprises and Institutions According to the survey, there are 2 enterprises and 6 institutions affected by the land acquisition and demolition, which are showed in the Table 2.3-9 in detail. Through the collective consultation of the units responsible for resettlement planning, City PMO and government agencies in charge of, enterprise administration, and representatives of affected units, it is decided that cash compensation will be provided to 8 enterprises and institutions. 1) Enterprises: Totally 2 enterprises with management house attachment will be affected by the project. Due to little impact on their normal production, operation or work, these enterprises need not to be conveyed wholly and they can adjust the management houses or construct replacement houses by themselves inside the units after getting cash compensation. 2) Institutions: 6 institutions in project area will be affected by land acquisition and demolition of project construction. Because the 6 institutions have relatively large area, and because of most of impacts are only warehouses and administrative houses, they could be easily restored within their existing boundaries. No relocation is required. The rehabilitation plan is to provide cash compensation based on replacement value. During the implementation of the resettlement, if the normal business of these enterprises and institutions were affected by demolishment and rebuilding, the compensation for the loss of business suspension (including the compensation for the loss of staff’s salary) should be paid according to the actual influence. In principle, the business suspension days is limited within 6

115 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

months. The labor force arrangement cost occurred during the resettlement will be paid by the project executive agency using the contingency. 5.7 Planning of Relocation and Reconstruction Special Facilities 5.7.1 Transport Facilities The project land acquisition will affect 0.6km mechanical farm road, 1 mechanical farm bridge and 1 culvert. According to the project design, the reconstruction of mechanical farm road, if the existing road crosses the embankment, will be built with up-embankment road to settle transport problem on the both sides of the embankment; while the existing road extends along the embankment, the reconstruction will be in parallel and by moving back in existing locations. Additionally, the project design also covers the rehabilitation of the affected mechanical farm bridge and culvert. 5.7.2 Transformer Facilities The land acquisition will affect 10KV high-voltage lines of 0.6km and 380V low-voltage lines of 0.3km. According to the project design, the reconstruction of electric lines, if the existing lines cross the embankment, will be carried out by building much higher pole and line and crossing over the embankment; while they affect tendence of electric lines along the embankment, they will be relocated by changing their routes and moving back in existing locations. The reconstruction of electric facility will be designed by and in the charge of ministry of electric power in Leiyang City. 5.7.3 Irrigation Facilities The project construction will try to avoid damage of existing irrigation facilities in farmland as much as possible. According to the project design, the affected electric pumping stations will be rebuilt near to existing places by changing relevant pipelines. This task, entrusted to construction unit by PMO, will be finished in initial stage of project construction, and will not affect local residents’ agricultural production. 5.7.4 Postlines The land acquisition of the project construction will affect HYA3-0.5 postlines of 0.5km. The reconstruction of postlines will be carried out by building pole and line much higher and crossing over the embankment, if the existing postlines cross the embankment; while they affect tendence of postlines along the embankment, they will be relocated by changing their routes and moving back in existing locations. The reconstruction of post facilities will be designed by and in the charge of ministry of post and telecommunication in Leiyang City.

116 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

5.8 Vulnerable Groups Resettlement and Rehabilitation During the course of resettlement process, appropriate department of the project will specially pay attention to the resettlement of vulnerable group. To those affected vulnerable group mainly including elderly living alone, women headed households, and extremely poor families, in addition to standard compensation provided by the project, the project will provide additional financial or physical assistance so that their rehabilitation and restoration of income and livelihood could be completed as soon as possible. 1) The project will afford special allowance for the families under the poverty line to help them construct houses and keep their living level. The detailed measures include the house building subsidy of 3000 yuan/household for poor households, and subsistence subsidy of 600 yuan/person to help them overcome the difficulties during the demolition. 2) After implementation of the project, the affected households could apply for loan, and local village collectivities could provide guarantees for such application. 3) During the course of implementation of the project, local village collectives will help those vulnerable families with selecting new housing site, rebuilding new houses, and transferring to new houses construction. They include those elderly living alone, disabled, and women headed households. For the 15 affected households with 37 persons, the allowance standard will be determined by the real situation and their needs. Allowance for the vulnerable group will be calculated by 1% of the total cost of occupied land compensation and resettlement for the project, which will be used to provide support compensation of house and accessorial facility and used for the cost of providing all kinds of assistance or life support to the vulnerable group affected by the project.

117 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

6.Institution and Responsibility 6.1 Institutions Engaging in the Resettlement Under arrangement by Key Project Office of Hunan Province Water Resource Department, the demolition investigation and resettlement planning were finished by of Resettlement Consultation Unit and the related resettlement design units. Leiyang Municipal People’s Government and Water Resource Bureau assigned their staff to join in the work of investigation and planning. Township (town, sub-district), village (residential committee) and group affected by the project arranged the leaders and the masses to join in the investigation and planning. 6.2 Resettlement Implementation Institution and Responsibility 6.2.1 Organization Institution Special resettlement Offices shall be established in Hunan Provincial Project Management Office and Leiyang Municipal PMO in order to manage the resettlement implementation work. There are about 1 to 8 persons in Project Resettlement Office. Because it is a social work, staff of PRO shall consist of persons from government, land management, planning department and agricultural department. PRO leader shall be a person rich in management experience. One to two main leaders shall be arranged in the township (town, sub-district) and village (residential committee) affected by the project. One government leader and Land Administration Station leader will take the chair in town, township and sub-district, and village head or director will take the chair in village and Residential committee. See Fig. 6.2-1 for Frame of Project Resettlement Organization Institution. 6.2.2 Responsibility 1) Hunan Provincial Project Resettlement Leading Group Leaders from Hunan Provincial People’s Government, Hunan Provincial Family Planning Committee, Hunan Water Resource Department and Provincial Loans Project Execution Office shall be appointed to establish “Hunan Provincial Resettlement Leading Group”. And its main responsibility is to strengthen the leadership for the project, and coordinate the relationship of Resettlement institution at all levels.

118 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Hunan Provincial ADB Loans Office

Hunan Provincial Project Resettlement

Leading Group Hunan Province Project Resettlement Management

Office

Leiyang City ADB Loans Project Office

Independent Leiyang City Project Resettlement Monitoring and Resettlement Leading Designing Unit Evaluation Group Institution

Leiyang City Project Resettlement Implementation

Management Office

Township (town, sub-district), Resettlement Implementation

Management Office

Village Committee or Residential Committee and

Village Group

Resettlement Household

Fig. 6.2-1 Frame of Project Resettlement Organization Institution

119 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

2) Hunan Province ADB Loans Project Office The main responsibility of Hunan Province ADB Loans Project Office is to organize the project Resettlement planning work and formulation of project Resettlement policy and coordinate the relationship of Resettlement institutions at all levels. Provincial Resettlement Management Office shall be established under Provincial ADB Loans Project Office to deal with everyday affairs. 3) Hunan Provincial Resettlement Management Office Hunan Provincial Resettlement Management Office is organized by Hunan Provincial Loans Project Implementation Office, and its main responsibility is to strengthen the leadership in the course of implementing the project in Hunan Province, coordinate the working relationship among the counties (cities, district) in Hunan Province and guarantee the construction of main body of project and the smoothness of land acquisition resettlement. 4) Leiyang Municipal Project Resettlement Leading Group Leiyang Municipal Project Resettlement Leading Group is managed directly by leaders of Leiyang Municipal People’s Government in charge of the project, and the main responsibility is to strengthen the leadership in the course of implementing the project in the city, coordinate the working relationship of townships (towns or sub-districts), guarantee the construction of main body of project and the smoothness of land acquisition resettlement. Municipal PMO shall be established under the leading group to deal with everyday affairs. 5) Leiyang Municipal ADB Loans Project Office The main responsibility of it is to strengthen the leadership of the project, manage the formulation of Resettlement policies and coordinate the relationship of Resettlement institutions at all levels. Municipal Resettlement Implementation Management Office shall be established under it to deal with everyday affairs 6) Leiyang Municipal Project Resettlement Implementation Management Office The main responsibility of it is to exercise the function of management, planning, implementation, coordination and supervision of the resettlement work:

① Formulate project land acquisition and resettlement policy;

② Entrust the designing unit with the surveying of the affected range of the project, investigation of objective and data of the affect of land acquisition and reserving the data;

③ Apply for the land usage planning license and land usage construction license;

④ Be in charge of service training of main leader of land acquisition resettlement Office;

⑤ Organize and coordinate the compiling and implementation of Resettlement Planning Report;

⑥ Responsible for administration and allocation of funds and supervision of the utilization of funds;

120 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

⑦ Guide, coordinate and supervise the implementation and progress of resettlement;

⑧ Preside over and check the internal monitoring activities and be in charge of compiling land acquisition resettlement progress report;

⑨ Determine external monitoring institution and assist in the external monitoring. 7) Township (town, sub-district) Resettlement Implementation Management Office It is led by town (township, sub-district) leader who are in charge of this project and composed of main leaders of Land Administration Station, Police Office, Civil Management Station and villages. The main duties of it is as follows:

① Participate in the project investigation and assist in the compilation of Resettlement Action Plan;

② Organize the masses to participate in and publicize the resettlement policies;

③ Carry out, check, supervise and record all resettlement activities in the township or town;

④ Go through the procedures of house demolition and reconstruction;

⑤ Responsible for the payment and management of land compensation funds;

⑥ Supervise the land acquisition of land, dismantlement of houses and attached structures and reconstruction and demolition of buildings;

⑦ Report the land acquisition, dismantlement and resettlement result to County Land Bureau and Resettlement Management Office;

⑧ Dispose the contravention and problem in work. 8) Village Committee or Residential Committee and Villager Group Resettlement Group of Village Committee or Residential Committee and Villager Group is composed of main leaders of Village Committee and Villager Group, and its main responsibility is as follows:

① Participate in the investigation of social economy and project affection;

② Organize the masses to discuss and publicize the land acquisition and demolition policies;

③ Select the resettlement site, and allocate land for the demolition household;

④ Carry out land reclamation, adjustment and allocation and organize production development;

⑤ Responsible for administration and allocation of funds;

⑥ Submit opinion and advice of resettlers for the higher level department;

⑦ Report the implementation progress;

⑧ Provide help for the households, with difficulties in demolition.

121 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

9) Responsibility of Design Unit During the planning design stage, survey the physical index of demolition, environmental capacity, developable and available resources exactly, to assist the government in the project area to work out the resettlement scheme, to compile the Budgetary Estimate of compensation and Investigation for Demolition and the Report on Demolition and Resettlement Planning, and to work out the related drawings. In implementation period, the design document, technical specifications, drawings and notice will be provided to the Municipal PMO in time, the technical explanation on design will be made in stages to the Project Management Offices at all levels, each resettlement Office in the demolition and resettlement production arrangement, the settlement arrangement planning schedule will be made further improvement according to the actual conditions. 10) Responsibilities of Independent Institutions For External Monitoring and Evaluation Qualified monitoring evaluation institution shall be invited to be the resettlement monitoring unit by the Municipal PMO, and its main duties are:

① As an independent institution for monitoring and evaluation, its main responsibilities are to observe each aspect of the resettlement plan and its implementation, monitor and evaluate the resettlement work, the implementation result and the social adaptability of the resettlers, and provide resettlement monitoring and evaluation report to the ADB through the PRO.

② Provide technical consultation for PRO in the aspect of investigation and process the data. 6.3 Supervision Institution Leiyang Municipal Project Resettlement Implementation Management Office is the supervision institution, and it shall preside over and check the internal monitoring, compile project land acquisition resettlement progress report, report resettlement implementation progress, problem and advice for the Provincial Project Management Office regularly in order to maintain the good function of resettlement institution at all levels in the course of project implementation, coordinate work of all aspects and master the resettlement implementation status. At the same time, Municipal PMO shall hire qualified and independent external monitoring unit to take the charge of the project land-cover demolition and compensatory monitoring evaluation work of resettlement. Independent monitoring unit shall provide technology consultation for internal monitoring and management, provide overall resettlement implementation information for Municipal PMO and report resettlement progress, problem and disposal advice for Municipal PMO. 6.4 Resettlement Management System Employer responsibility system, project supervision system, project bidding system and contract

122 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

management system are used in resettlement project management. Leiyang Municipal PMO is in charge of the bidding work of resettlement implementation, special projects and basic facilities. And independent supervision units shall be invited to monitor and evaluate the resettlement. What’s more, computers shall be used to manage the information and keep all archives of resettlement and materials in the course of implementation in PMO at all levels. 6.5 Resettlement Institution Personnel and Facilities 6.5.1 Personnel In order to maintain the resettlement work to be carried out smoothly, special personnel shall be arranged for resettlement management institution at all levels to form a smooth information transmission channel. Personnel of resettlement institution consists of administrators and professional technical staff who own certain profession level and management qualification and land acquisition demolition working experience. See table 6.5-1 for details of related institution personnel conditions. Leiyang City Urban Flood Control Project Resettlement Implementation Management Institution Personnel Table Table 6.5-1 Unit: Person

Finance Technical Political Rear-service Institution Name Total Administrator Staff Staff Worker Staff Municipal Resettlement Implementation 8 2 2 2 1 1 Management Institution Township Resettlement Implementation 8 2 4 2 Management Institution Total 16 4 2 6 1 3 6.5.2 Facilities The facilities equipped with the institution mainly refer to the resource arrangement for the resettlement implementation institutions such as office building, transportation tools, office facilities and communications facilities (see Table 6.5-2 for details). Total amount of facilities arrangement as planned for the resettlement institution is 0.4075 million yuan, and the funds are open-fee of resettlement implementation institution of General Budgetary Estimate Resettlement Investment.

123 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Leiyang City Urban Flood Control Project Resettlement Implementation Facility Table Table 6.5-2

Amount Price Municipal Township Investment Project Type Unit Remarks (yuan) Total Resettlement Resettlement (104 yuan) Office Office 200 yuan/House, 1. Office House 9600 5 2 3 4.8 hire for 4 years 2.Transportation Liebao Piece 171800 1 1 17.18 Tools CFA-6400A 3. Office 18.77 Facilities Lenovo 3.1 Computer Yangtian Set 8499 5 2 3 4.25 M6000 3.2Printer HP8000 Set 8260 4 1 3 3.3 Panasonic 3.3Photocopyper Set 13600 1 1 1.36 FP-7818 3.4 Digital SONY Set 4880 4 1 1 1.95 Camera DSC-V1 3.5 Air Gree Set 4000 5 2 3 2 conditioner 505TlyType 3.6 Table and Set 1000 24 8 16 2.4 chair 3.7 Scanner HP4670C Set 3000 4 1 3 1.2 Liguang 3.8 Fax Set 1680 4 1 3 0.67 8500 SIEMENS 3.9 Telephone Set 128 5 2 3 0.06 8000Type 3.10Notebook Toshiba Set 15800 1 1 1.58 PC PA100 4. Total 40.75 Investment

6.6 Training Plan To guarantee the work of project implementation work is carried out smoothly, the resettlers should be trained and the training plan should be formulated. Resettlement training plan contains of two aspects: training plan for resettlement administrator and resettler’s production skills.

124 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

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

125 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

6.6.3 Resettlement Training Planning Investment Six terms of classes of settlement training are planned to run and resettlement leaders (68 persons/period): three terms of training for resettlers (43 persons/period), three terms for resettlement leader (25 persons/period) and the training planning investment is 0.0913 million yuan as planned (technology training fee shall be taken into the account of general budgetary estimate of resettlement). See table 6.6-1 for details. 6.7 Institution Enhancement Measures 1) Make the responsibility and obligation range of resettlement institution clear and definite, and strengthen the supervision and management; 2) Enrich the forces of resettlement institution at all levels, and especially strengthen the profession technology forces. All of the personnel must own certain profession level and management ability, and strengthen the skills in computer, testing equipment and transportation tools; 3) Select the working personnel strictly, and strengthen the service skill training and carry out the training for administrator and technical staff in order to improve the service ability and management level; 4) Arrange women leaders with proper quality to make women play a role in resettlement; 5) Establish database and strengthen the information feedback to guarantee the information smoothness, and important problem shall be solved by resettlement leading group. 6) Strengthen the report system and internal monitoring, and solve the problem in time. 7) Establish external monitoring evaluation mechanism and pre-alarm system.

126 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources Table 6.6-1 Resettlement Implementation Training Schedule Table

Amount of Amount of Total Arrangement of Project Training place Train mode Lecturer Training object people Training content period training funds (104 yuan) (People) (period) time (day) Training for resettlement 25 3 3 administrator 1.Resettlement Principle and Policy; 2. Resettlement Hunan Lecture by Expert of provincial Administrator of Project Planning Management; 3.Resettlement Finance 1 1 5 0.35 Provincial PRO expert PRO municipal PRO Management; 4.Management Information System; 5. Resettlement Implementation Management, etc.

1Administrator of 1.Resettlement Principle and Policy; 2. Resettlement 4 PRO of Leiyang Expert of provincial township PRO Project Planning Management; 3.Resettlement Finance Class 1 5 1.95 City PRO 2.Administrator of each Management; 4.Management Information System; 5. 12 village Resettlement Implementation Management, etc. Domestic Domestic Main business Similar Investment personnel of PRO at all 6 Resettlement implementation and monitoring management 1 10 0.7 Project and Study levels 2.Resettlement production technology 19 11 6.13 training Hunan Advance study Resettlement backbone Management of production technology, 2.Management of Agricultural and entrusted Teacher of HAU and resettlement 3 agriculture technology, 3.Multi-oeration of agriculture 1 Half a year 3.78 University training children production, etc. Administrator of Resettlement Township municipal PRO and Representatives 16 (female 1.Training of planting technology, 2.Training of breed (sub-district) Class agriculture 10 3 2.35 Of Each township 8) aquatics technology PRO Technology And village expert 3.Total 44 14 9.13

127 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

7. Public Participation and Harmonization with Residents in Relocation Sites 7.1 Public Participation Strategies According to relevant demolition resettlement policies and code of nation, province and city, in order to maintain lawful rights and interests of resettlers and removed units, and to minimize complaints and dispute, we shall further work out the policies and implementation detailed rules of removing and demolition of project, compile resettlement plan, do well the implementation and organization work to fulfill the purpose of resettlement and demolition aiming at the rebuilding character of the project. In order to accomplish appropriate resettlement, a great deal of efforts have been made on resettlers’ participation and consultation during the phase of policy making of resettlement and demolition, planning and implementing of the RP. 7.2 Approaches and Measures of Public Participation 7.2.1 Participation Approaches Before launching investigation work, we compile general work outline, hear and accept local government’s opinion for the investigation contents, approaches and requirements, etc. Local government dispatches staff to take part in investigation group and work together. During the period of investigation at large, we invite principals and representatives of township, village and group to participate in investigation work, and propagate to them the project necessity, project effect, project influence, compensation principle and resettlement schedule, and deliberate over the possible direction of the resettlement together. In the phase of resettlement planning, the work staff of resettlement deliberate with all levels of leaders of city, township (town, sub-district), hear and accept opinions, requirements, and existent problems, select demolition sites. When investigating on the spot, local mass and concerned leaders shall participate in selecting resettlement location. It is proved that the consultative work has active significance to selecting resettlement location of long-term potential and establishing scheme that is easy to be accepted by resettlers. 7.2.2 Participation and Consultation Measures Public participation and consultation mainly adopts two ways of small group discussion and sample survey of resettlers’ desire. Illustrate project building purpose, content and importance to the resettler representatives and discuss the matters concerned the resettlement planning together through these manners. Through investigation, great deal of efforts shall be made on public participation and consultation opinions by design units. On basis of no prejudice to the collectivity planning principle, housing construction scheme and production rehabilitation modes should be consistent with mass opinions so that programming is in reason and resettlers are satisfied.

128 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

In the stage of resettlement implementation, still adopt the ways of consultation meeting and sample survey of resettlers’ desire, collect resettlers’ information, investigate resettlers’ desire, and perfect resettlement plan ulteriorly. To ensure that the resettlers and local government in the affected area understand the detailed information of the resettlement and compensation plan of the project, we made propaganda to the resettlers the laws and regulations on national resettlement through public participation (consultation meeting) or local media (such as TV) from the start to the implementation of resettlement plan, so resettlers will know exactly physical indices, the computing method of compensation rates and methods, resettlement measures, appropriation and utilization of the resettlement compensation and allowance, the rights of the resettlers and favorable policies, etc. At the same time, similar information should also be disclosed to the residents in the demolition sites to make them know more about land occupation information, land compensation rates, utilization of fund and resettlement information. We disclose resettlement work to gain the support and confidence from both groups to ensure the success of resettlement work. 7.3 Public Participation in the Process of Resettlement Planning In the stages of preparation and compilation of Resettlement Plan, all levels of local government and resettlers should take part in the following items of work: 1) When surveying the land occupation for the project and demolition impact, Leiyang City project resettlement Office, resettlement design units, the investigation work is with attendance of village (residential committee) and villagers’ groups and resettler representatives in November 2004. In the process of Resettlement Planning, project resettlement office and resettlement design units go deep into every village and villagers’ group, adopt the form of holding consultation meeting with attendance of leaders of village group and resettler representatives, or discuss with resettlers randomly, and further solicit their opinions and suggestions on resettlement (including their choice of resettlement location, production rehabilitation measures, house reconstruction and compensation policies for land occupation, which are presented in Table 7.3-1. 2) Leiyang Municipal resettlement project management office and design office successively organize and hold propaganda meeting with attendance of all levels of local leaders and all classes of affected persons. Propaganda the all classes of existing policies on resettlement of Country, province and city. Accept and consult widely their opinions on how to decrease project impact, how to resettle the demolition resettlements for land occupation and compensation rates for all levels of affected persons, which are presented in Table 7.3-2.

129 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Table 7.3-1 A Questionnaire of Public Attitudes toward the Project

Participant Time Location Participant Discussion Content Final Results Number Project introduction, Supporting project Each Officials of resettlement affected area and construction, agreeing Oct.2004~Nov.2004 resettlement village, design unit, 160(female68) tentative resettlement on resettlement plan village resettlers’ representatives scheme tentatively. Planning committee, town Project introduction, Supporting project government, design units, Meeting room affected area and construction, agreeing Nov.2004 planning bureau, land 15(7 female) in city and tentative resettlement on resettlement plan in bureau and resettlers sub-district scheme principle. representatives Solicit project Defining every item of Municipal government, Municipal opinions on compensation design units, planning Nov.2004 government 25(10 female) compensation, standards, resettlement bureau, land bureau and meeting room resettlement plan and policies and land resettlers representative land occupation occupation policies.

Table7.3-2 Policies Disclosure Purpose Content Who and with whom When Where 1.Project affected all kinds of Municipal project Administrative management quantities of physical indices and management Office organ of project area, Project impact in land occupation of project. and Nov.2004 township government, village socioeconomic survey 2.Project influence resettlement design committee, the affected socioeconomic condition in the units domicile and non domicile area affected by the project 1.Accept the opinions and suggestions of every relevant Initial consultation for the party of project scheme, Municipal government, compensation policies and demolition and resettlement municipality project demolition scheme in the Nov.2004 Within the project scope work. management Office preparation of resettlement 2.Resettlers representative and affected people plan participate in resettlement and demolition. 1.Hold consultation meeting, concentrate on introducing Further consultation of conditions and go on accepting Municipal project, 6 months compensation policies and opinions and suggestions. demolition Office and before Demolition Site rehabilitation plan in 2.Hold demolition meeting, relocated household demolition modifying resettlement plan propaganda resettlement plan, representative compensation rates and answer the relocatee’s inquiry.

130 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

3) In the process of resettlement planning, the project publicizes relevant resettlement information to the residents in relocation sites, through holding discussions with village officials and resettlers representatives or talk with resettlers randomly. Then they can know more about the land occupation, land compensation rates, utilization of fund and resettlement information. Table 7.3-3 Information Disclosure

Disclosure Disclosure Document Disclosure Way Date Location Situation introduction of the project (including land 1. Holding the meeting Oct.2004 Project area occupation 2. Bulletin column 1. Resettlement Introduction of the land occupation and demolition Information Manual August 2004 Project area 2. Hold the meeting Disclose the bulletin of resettlement plan Bulletin column August 2005 Project area 1. Bulletin column September Disclose the report of resettlement plan 2. Published in the Project area 2005 newspaper Municipal 1.Municipal Project September project Submission management Office 2005 management 2. Website Office

4) From October to November 2004, staff of the resettlement planning team conducted survey of desire among affected households with the assistance and corporation of relevant department of project. The results are listed as follows:

①Know about the project: 99.44 percent of resettlers know about it, 5.56 percent of resettlers don’t know about it.

②Know about the channel: From investigators, 94.12 percent of resettlers know about it, 61.8 percent of resettlers through villagers in the neighboring village.

③Supporting attitude: All resettlers support the project.

④Views on impact: 97.33 percent of resettlers think the flood control benefits of the project is great, the negative effect caused by the land acquisition and demolition can be reduced by proper compensation; 2.67 percent of resettlers think the flood control benefits of the project is great, but the negative effect caused by the land acquisition and demolition is also great.

⑤Demolition and resettlement: The project is mainly located in the rural area of Leiyang City, 89.47 percent of resettlers prefer to demolish and build houses by themselves, hoping the government can arrange housing plot unitedly, 10.13 percent of resettlers choose concentrated resettlement.

131 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

⑥Economic rehabilitation: 51.85 percent of resettlers require cash compensation, 48.15 percent of resettlers require the adjustment of land. 7.4 Public Participation and Plan in Implementation of Resettlement Plan Resettlers should be encouraged to participate during the whole course of implementation of resettlement planning of the project. 7.4.1 Participation in the Houses Reconstruction and Resettlement 1) Housing Compensation Standards The compensation standards for house will directly affect the interests of the relocated household. Before the houses are demolished, the relevant resettlement authority will consult and sign an agreement with the relocated household on the compensation standards for the houses. The consultation results will be declared publicly before the agreements are signed, so as to put the resettlement under public supervision. 2) Resettlement Locations and Ways of House Reconstruction At the RP preparation stage, the relevant authority carried out survey on the resettlement host sites and the way of house reconstruction. According to the results of resettlement survey, most of the affected households are willing to have their houses relocated in their own groups and to rebuild houses by themselves. The local governments at all levels will provide assistance at different stages for house demolition. 3) Disposal of Old Houses All the relocated households will be compensated at replacement value for their old houses. Within a stipulated time limit, the relocated households can, according to their will, demolish their old houses firstly and then rebuild the new houses or vice-versa. The salvageable materials from the old houses can be used by the relocated households themselves. 7.4.2 Participation in Economic Rehabilitation All the villagers of every village groups should participate in the adjustment and distribution of land and start-up of other agricultural development project, especially for taking care of resettlers who have special requirements to land. 7.4.3 Participation in the Utilization and Management of Land Compensation Land compensation should be owned by collectivity of village groups, any unit or individual should not withhold and appropriate. After the compensation funds have been given to collectivity of village groups, it should be planned as a whole in order to ensure special funds for special purposes. The fund cannot be used until the usage is talked over and agreed in meeting with the attendance of every group of villagers and be supervised by villager representative.

132 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

7.4.4 Participation in Project Construction The project construction will cause certain impacts on the local community. In order to ensure the affected persons benefit from the project construction, the local persons will be encouraged to take part in the construction, and favorable conditions will be created to use local materials and local labor force. 7.5 Women Participation From the beginning of the project, a great effort has been made on the roles that women play in the project by the implementation institution of the project and local government. Concern women and families where women are the householders and made women give full play to in the process of implementation of resettlement plan. In the affected area, women’s rights, interests and status should be the same as that of men. Women play an important role in economic development activities and housework. Especially in the village, most women stay at home, more men go into the city to find jobs. So besides family responsibility women play an important role in tilling and non-farming work. So in the area affected by the project, women will pay more attention to the project than men. They not only take part in every stage of resettlement work but also give fineness rein to the direction and method of resettlement. During the period of surveying the project at large, all female directors of resettlement villages are invited to participate in investigation working groups to propaganda and communicate with affected women. In the small consultation meeting of resettlers, more than 40 percent of participant is female. Besides supporting the project actively, they showed that they pay more attention to the correctness of surveyed physical indices, rationality of compensation standard and whether the compensation can reach in time, etc. In the resettlement planning stage, resettlement design unit actively invite female resettler representatives to discuss together, accept their opinions, requirements and existing problems on production rehabilitation and resettlement of demolition and housing construction. The consultation work has positive significance in releasing women from the worry of living source and traditional production pattern and achieving equal proceeds in the production. Meantime arrange for at least one-woman cadre in all levels of setup of the project, and encourage women to participate in the implementation of the resettlement planning. A great deal of effort will be made on the women’s demolition activities, especially the livelihood rehabilitation by resettlement implementation setup and local government in the process of implementation of the project. Give priority to women and provide more opportunities in the project construction.

133 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

7.6 Harmonization with the Residents in Relocation Sites The resettlement demolition of the project is mainly to buy houses by themselves and build houses centralizedly, the former resettlers can choose place to buy house where they can adapt the new living environment. The latter resettlers can be harmonious with residents in relocation sites because the resettlement’s livelihood doesn’t change much and they share the common life and customary habits. Certainly, it doesn’t mean that there is no estrangement and conflict between the resettlers and former residents. In order to promote good relationships between them, the following work should be done: 1) Before demolition, resettlers and residents in the demolition sites should take part in the resettlement planning. If you want to get cooperation, participation and feedback opinions of demolition sites and resettlers, introduce to them their rights and schemes they can choose. They can have their own choice from a number of resettlement schemes. They can consult with them directly or define through formal or informal leaders and representatives. In most conditions, do some system arrangement such as project official holds regular meetings with the local groups so that resettlers and residents in the demolition sites can show their opinions in the whole period of planning and implementation of the project. Must make effort to see that vulnerable populations express their opinions adequately. 2) Try to decrease the impact on the residents in relocation sites. There may be conflict between resettlers and residents in the demolition sites if resettlers need more land, water sources, wood land and society services, or society and houses facilities provided for resettlers succeed the level of residents in relocation sites. So in order to avoid such conflict, the livelihood conditions and society services of the residents in relocation sites should be improved, at least avoid deterioration. Try to provide for two groups the perfect education, water supply and medical service and create better social atmosphere for their permeation.

134 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

8. Appeal Procedure 8.1 Possible Complaint and Problems Solving Methods Resettlement Plan makes overall plan for resettlement scheme from the angle of the affected area of the whole project. In the implementation process, resettlers’ complaint may appear because of the change of actual situation and deviation of operation. According to resettlement experiences got from the constructing and constructed projects, the resettlers’ complaint may be the several following kinds: 1) Indices Problem Because of the error in the process of surveying, statistics and computation, the occupied and removed physical indices may be missed out, without entry and wrongly entered to affect resettlers benefits. Once such problems happen, the affected people through village committee can report to Leiyang City project management Office in oral or written form. After processed by Leiyang City resettlement Office, the problems should be submitted to Municipality project management Office and supervision unit. Under the leadership of municipality project management Office, organize professional personnel to verify on the spot, sign and issue disposal opinions, ratify and register the missed out item, wrongly entered or missed out physical indices and compensate according to the standard. 2) Compensation Standard Small number of resettlers might have concerns on the compensation could not meet rehabilitation needs due to lack clear understanding about national resettlement policies and compensation. Prior to implementation of resettlement project, the design personnel should cooperate with all levels of government and resettlement office, do the technical explanation, explain national resettlement policies and computation process of compensation standard in order to make resettlers understand that compensation standard is compiled according to the national laws and regulations document, which can ensure resettlers move out, live comfortably, develop so as to release their misgiving. 3) Funds In the construction process, due to slow allocation of resettlement funds, houses building, and economic rehabilitation might be affected. Such questions require managers of implementation of resettlement control funds, schedule and quality to ensure resettlement funds can be effectively used as designated. The resettlement fund allocation coordinate and supervise financial department appropriate funds should be in accordance with the schedule every month and resettlement project proceed according to the schedule.

135 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

8.2 Appeal Channel and Procedure Resettlers enjoy rights and obligations which are endowed by constitution and law. The exiting laws and codes of our nation can guarantee resettlers lawful rights are not violated. Appeal until getting it, if the lawful rights and interests are violated. 1) Appeal Channel ─ People’s letters and visits handling office for citizen (including resettlers) should be set in county, city and province of the resettlements to investigate and deal with general appeal question of resettlement; ─ Establish all levels of local resettlement management setup according to the law, every level has the authority to supervise the lower level from province, city to county and can accept appeal cases in the way of resettlement; ─ Self-governed resettlement monitoring institution, working according to relevant national regulations, is responsible for maintaining resettler’s lawful rights and interests. The appeal problems of the violation of the rights of resettlers can also be accepted and reflected; ─ The illegal and orderless case relating to resettlement appeal can be accepted in the law departments such as administrative supervision, auditing, discipline inspection, judiciary and prosecutorial department. For the resettlement appeal system of the whole project, see figure 8.2-1 2) Appeal Procedure If any resettler does not agree with resettlement plan, he/she can reflect to village committee (residential committee). The village committee (residential committee) or the settlers can consult with local resettlement office directly, or appeal to superior resettlement office in oral or written form. After accepting the appeal, superior resettlement office shall keep records and consult with village committee and local resettlement office within 10 days. If the contradiction and dispute can not be solved with consultation, in accordance with appeal channel, village committee can appeal to administrative setups step by step such as project management office, resettlement management setup, resettlement monitoring institution, people’s letters and visits handling office, administrative supervision, disciplinary inspection and procuratorial department) according to Administrative Procedure law of People’s Republic of China. If resettlers are still not satisfactory, appeal to people’s court directly. Resettlement Office is responsible for keeping records of all the appeal problems and solving process.

136 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Figure 8.2-1 Appeal System Figure of Project Resettlement

Law department of Project management Office of county, city and Hunan province province

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

Resettlement People’s letters and Implementation and monitoring and visits handling Office management office of project evaluation institution of county, city and and resettlement of Leiyang

province City

Office of implementation and management of project resettlement of township (town/sub-district)

Village committee or villagers group

Affected household

137 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

9. Environment Protection and Management 9.1 The Necessity of Environment Protection The environment evaluation of the main body of resettlement investment project shall include the affect of resettlement to the environment. The resettlement planning shall be conducted with environment evaluation together. It is necessary to demarcate the line of resettlement area and calculate the increment of population density in unit area. In agricultural project, if the number of the immigrates is larger than the original of this resettlement area, the aggravating environment problems will come along, such as deforestation, excessive depasturing, the water and soil loss and the pollution of the hygienic conditions etc. Therefore, appropriate eased measures (including the training of immigrates) shall be included in the resettlement planning, besides other resettlement places can also be chosen. And the urban immigrates will cause the relevant problems related to the population density (such as communication capacity, drinking-water source, hygienic system and medical & healthy treatment etc.) Constructive management methods of environment can provide both good opportunities and benefits to resettlement and the residents in the resettlement area. If the resettlement causes an unacceptable consequence, we must find another resettlement site or add the resettlement sites. 9.2 The Cleaning Work for Resettlement All kinds of rubbish, which are produced during the demolishment of varied buildings and their attachment in the engineering range, shall all be spoiled in the appointed place by the Bureau of Environmental Hygiene Management of Leiyang city. The houses and their attachments in the engineering range shall be demolished; their walls shall be torn down and leveled. And the interior pollution source in the engineering range shall be removed and disinfected. The existing wastewater of industrial enterprises in the engineering scope shall be drained according to specifications. Poisonous slag shall be delivered to the appointed place and buried. And the stock house for stocking the chemical material shall be treated by poison elimination and neutralisation, so that the soil can meet the hygiene standard. 9.3 The Environment Management of the Resettlement Area The environment protection shall be fully considered during the designing and construction of resettlement area, we shall try our best to make the surroundings beautiful and comfortable. 1) Level the land of the cutting faces when excavating the new soil, and set up drainage ditches on the cutting faces when necessary to reduce the water scouring to the cutting faces; the waste area shall be forested as soon as possible so as to avoid the water and soil loss; houses and public facilities shall be constructed with the least damage to the forestry vegetation; and trees

138 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

shall be planted on both sides along the roads. 2) Do a good job of the new houses cleaning: Renovate the environment and spray pesticide before the resettlers move in, and clean the weed and wastewater container or other things both in front and back of the house after settling in. 3) Choose a healthy and clean water source: set up a solid reservoir if is took the spring as the water source, such pollution source as toilet, filter pit , manure pit, livestock barn, waste pit, rubbish pit and waste slag pit etc. are not allowed to be set up in the area 20-30m around the water source.

139 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

10. Monitoring and Evaluation 10.1 Internal Monitoring and Examination 10.1.1 Organization of Internal Monitoring In this project, the PMO of Leiyang City is authorized as internal monitoring agency, this agency shall be appointed a special leader to be responsible for the relevant problems of resettlement. The leader shall be experienced in resettlement and authorized to coordinate with the relevant departments in the resettlement. And the agency shall be appointed enough personnel, and the personnel shall be qualified for experiences of resettlement work and social problems, so as to carry out the right responsibilities. 10.1.2 The Objective of Internal Monitoring The objective of internal monitoring is to maintain the good function of resettlement agencies at all ranks during the project implementation process, and coordinate and cooperate with each unit in order to grasp the situation of resettlement implementation timely. 10.1.3 The Contents of Internal Monitoring 1) The relocation, allocation of housing locations and housing reconstructions; 2) The implementing schedule and quality of development project of resettlers production; 3) The investigation, coordination and proposals for the main problems existing in resettlement and implementing agencies during the implementing process; 4) The family income recovery after relocation; 5) The rehabilitation of easily affected group; 6) The payment and using of the resettlement compensation and the situation of fund in place; 7) Resettlement participations and consultation in the implementing period; 8) The resettlers training and effects; 9) Agencies, training, working timetable and efficiency of local resettlement implementing agencies. 10.1.4 The Responsibilities of Internal Monitoring 1) Cooperate with resettlement implementation agencies, departments in charge and external monitoring units. 2) Work out corresponding tables according to monitoring content, and ask the implementing units to fill in and submit the tables to Department in charge and municipal PMO; 3) The monitoring personnel shall check and investigate on the site once a month, and they shall participate in the acceptance of completion of the resettlement engineering once a month. 4) Supervise the implementation of the annual work plan, fund using; the annual fund shall be

140 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

audited by provincial department in charge of resettlement; 5) Report the implementation situation to Provincial PMO at fixed time, and coordinate with the departments in charge according to their requirements timely; 6) Submit the working schedule report to Provincial PMO and ADB in July every year. 10.2 External Monitoring 10.2.1 Independent Monitoring & Evaluation Agency Retain qualified monitoring unit to be responsible for the monitoring & evaluation works of demolition and compensation. The independent monitoring shall provide total information of implementation to the PMO; at the same time it is also responsible for reporting the implementation of resettlement, existing problems and disposals. As a independent monitoring & evaluation agency, Xinghuan Water & Electricity Engineering Technology Development Co, Ltd is composed of a high quality group of people, who include 38 professional technicians (3 persons have education level of master, 11 persons are senior engineers, 17 persons are engineers and 10 persons are assistant engineers and technicians) in varied subjects ranging from resettlement planning, resettlement monitoring & evaluation, resettlement supervising, designing for water and soil conservation, environment evaluation, environment protection designing, and environment monitoring & evaluation supervising and so on. They are all experienced in designing and consultation services, as well as resettlement monitoring & evaluation and supervising. The company is authorized as the resettlement monitoring & evaluation agency in national key project of Zaoshi Reservoir project, Hunan municipal development project loaned by WB--- Changzhutan (Changsha City, Zhuzhou City and Xiangtan City) Flood Control and Scenic Road Project; the resettlement supervising & resettlement M&E agency in Hongjiadu hydraulic power station project which is the national key project and the started project of national west-east electricity transmission; the resettlement supervising agency in national key project loaned by WB of Jiangya Reservoir; the resettlement supervising & environment supervising agency in Changjiang River Dike Strengthening works (Hunan Section) which is the national key project loaned by WB, and the supervising agency in Xiangjiang River Dayuandu Navigation Hydro and Power Pivotal Project loaned by WB also, so this company is full of experiences in resettlement supervising, resettlement monitoring & evaluation and carrying the foreign capital project. The PMO of Leiyang City plans to entrust Changsha Xinghuan Water & Electricity Engineering Technology Development Co, Ltd. as the resettlement monitoring & evaluation agency in this project. Changsha Xinghuan Water & Electricity Engineering Technology Development Co, Ltd. will establish Leiyang City Urban Flood Control monitoring & evaluation Management to fit the practical requirements and implement all the basic monitoring works under the help of PRR Implementation

141 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Management Office, at the same time base on the survey of the affect persons’ living standard. The monitoring & evaluation department will be composed of 10 experts and professional technicians (a chief supervisor and 9 staffs) who are experienced in resettlement planning, resettlement implementation management and resettlement monitoring & evaluation. The detailed personnel assignments are showed in the following table 10.2-1. Personnel of Resettlement Monitoring & Evaluation Table 10.2-1 Majority and No. Name Title/Position Qualification Working Years Engaged in resettlement for so long time that is full of experiences on resettlement planning, designing, implementation, monitoring & Project Chief evaluation and supervising. Managed and participated in Supervisor resettlement planning, designing, implementation consultation, Chief Engineer Senior monitoring & evaluation and supervising works of many large and Engineer Engaged in middle scale hydro and power projects. As a chief director to do 1 Qin Lin Registered resettlement for the resettlement M& E works of Changzhutan Flood Control and Consultation Engineer 24 years Scenic Road Project which is Hunan municipal development Registered project loaned by WB, the Zaoshi Reservoir project, the Supervising Engineer resettlement supervising and M&E woks of Hongjiadu hydraulic power station project, resettlement supervising works of Jiangya Reservoir project and environment supervising works of Changjiang River Dike Strengthening work project. Engaged in resettlement for so long time that is full of experiences on resettlement planning, designing, implementation, monitoring & evaluation and supervising. Managed and participated in resettlement planning, designing, implementation consultation, Senior Engineer monitoring & evaluation and supervising works of many large and Registered Engaged in middle scale hydro and power projects. As a chief director to do 2 Zhang Kui Consultation resettlement for the resettlement planning and designing works of Jiangya Engineer 18 years Reservoir project loaned by WB, and participated in the resettlement M&E works of Changzhutan Flood Control and Scenic Road Project which is Hunan municipal development project loaned by WB and Zaoshi Reservoir project, the resettlement supervising and M&E works of Hongjiadu hydraulic power station project which is national key project Engaged in resettlement for so long time that is full of experiences on resettlement planning, designing, monitoring & evaluation and supervising. Managed and participated in resettlement planning, designing, monitoring & evaluation and supervising works of many Senior Engineer large and middle scale hydro and power projects. As a chief Registered Engaged in director to do the resettlement supervising works of Xiangjiang 3 He Tiesheng Consultation resettlement for River Dayuandu Navigation Hydro and Power Pivotal Project; and Engineer 15 years participated in the resettlement M&E works of Changzhutan Flood

Control and Scenic Road Project which is Hunan municipal development project loaned by WB and Zaoshi Reservoir project, the resettlement supervising and M&E works of Hongjiadu hydraulic power station project which is national key project. Engaged in resettlement for so long time that is full of experiences on resettlement planning, designing, monitoring & evaluation and supervising. Managed and participated in resettlement planning, Senor Engineer Engaged in designing, monitoring & evaluation and supervising works of many Ouyang 4 Registered resettlement for large and middle scale hydro and power projects. As a chief Xiongbiao Supervising Engineer 13 years director to do the resettlement supervising works Changjiang River Dike Strengthening works loaned by WB; and participated in the resettlement supervising works of Jiangya Reservoir project loaned by WB, the resettlement M&E works of Zaoshi Reservoir project. Engaged in resettlement for so long time that is full of experiences Engaged in on resettlement planning, designing, monitoring & evaluation and Zhao 5 Senor Engineer resettlement for supervising. Managed and participated in resettlement planning, Weihua 13 years designing, monitoring & evaluation and supervising works of many large and middle scale hydro and power projects.

142 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Personnel of Resettlement Monitoring & Evaluation Table 10.2-1 Majority and No. Name Title/Position Qualification Working Years Engaged in resettlement for so long time that is full of experiences Engaged in on resettlement planning, designing, monitoring & evaluation and Fan 6 Engineer resettlement for supervising. Participated in resettlement planning, designing, Jianyang 25 years monitoring & evaluation and supervising works of many large and middle scale hydro and power projects. Engaged in Engaged in resettlement. Participated in resettlement planning, 7 Ren Yu Engineer resettlement for designing, monitoring & evaluation and supervising works of many 8 years large and middle scale hydro and power projects. Engaged in resettlement for so long time that is full of experiences Engaged in on resettlement planning, designing, monitoring & evaluation and 8 Li Jianwu Engineer resettlement for supervising. Participated in resettlement planning, designing, 12 years monitoring & evaluation and supervising works of many large and middle scale hydro and power projects. Engaged in Engaged in resettlement. Participated in resettlement monitoring & Tang 9 Assistant Engineer resettlement for evaluation and supervising works of many large and middle scale Chongliang 5 years hydro and power projects. Engaged in Engaged in resettlement. Participated in resettlement planning, 10 Tao Ziyun Assistant Engineer resettlement for designing and monitoring & evaluation of many large and middle 5 years scale hydro and power projects.

10.2.2 The Objective of Independent Monitoring & Evaluation The Monitoring & Evaluation of resettlers is an efficient management method in resettlement project management, the objective of independent monitoring & evaluation is to judge if the objective of the resettlement is achieved by means of providing the evaluation of the resettlement works and checking all the implementation works with an eye of long term. The independent monitoring & evaluation agency shall acquaint with the resettlement activities, and give evaluation and proposes to the total process of resettlement and the recovery of the resettlers’ living standard, at the same time provide alarm system to engineering management department, provide the communication way for resettlement, so as to ensure the planning and implementation of resettlement, accord with the State Laws, Regulations and rules, and ensure the total project to achieve the expected objective. 10.2.3 The Content of Independent Monitoring & Evaluation The objects of IME unit are implementation effect of country resettlement, the relocation and construction of special facilities and infrastructures and resettlement fund input & using effect. 1) The Monitoring & Evaluation of Resettlement Implementation Schedule are: The schedule of land acquisition and the finalized situation of land for new resettlement area; The schedule of the housing removing and reconstruction; The schedule of relocation; The schedule of employment allocation for the labors; The construction schedule of public facilities, infrastructures and special projects 2) The Monitoring & Evaluation of the Efficiency and Using of Resettlement Funds: The situation of the funds efficiency;

143 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

The funds input and its using; The evaluation of social and economic effect about the funds input. 3) The Monitoring & Evaluation of Production Resettlement The planning objective of production resettlement; The basic production situation before and after demolition (including the employment situation); The comparisons of main technical and economic evaluation guidelines before and after relocation, if the evaluation meets the objective, the experience and lessons shall be concluded. 4) The Monitoring & Evaluation of Relocatees’ Livelihood Resettlement The planning objective of relocatees’ livelihood resettlement; The housing condition and living surrounding before and after relocation; The form of income and expenditure before and after relocation The comparisons of main livelihood evaluation guidelines before and after relocation, evaluate the livelihood quality of the resettlement, and the experience and lessons shall be concluded. 10.2.4 The Methods of Independent Monitoring& Evaluation The IME is conducted on the basis of the investigation data provided by agencies of investigation designing and allocation implementation. The evaluation is conducted on the base of total understanding and adopted the combined method of spot-checking and quick evaluation. Choose a typical model (resettler/ village), set up corresponding evaluation guideline system according to different affective objects, and retain authorized resettlement experts to fix on the authorities of each guideline by the way of “back-to-back”, at the same time, take the latest livelihood quality research at home and abroad as reference, manage the guidelines by dimension treatment, analyze and calculate the investigation results, and evaluate the calculation results contrastively. 1) The Evaluation of Livelihood Standard The agency of IME shall propose and conduct basic living standard investigation before implementation of resettlement, and set up a control group according to the random samples of APs. The living standard investigation shall be repeated annually (it shall be conducted twice at least after implementation completion) so as to measure the change of APs’ living standard. This action is one of the methods of determining the changes of APs’ living standard. The investigation table of living standard consists of every guideline for production and living standard measuring, reflects the changes of production and livelihood by the developing changes of one guideline in the period before and after relocation. Whether the designing of the guideline will reflect the change of production and living standard of resettlers truly will be showed in the base investigation, at the same time, the designing of the guideline will be changed according to the facts so as to ensure the gained information to reflect the number and quality of resettlement production and living standard

144 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

clearly and truly. 2) Public Consultation The IME will participate in the public consultations held by village and township at fixed time, and evaluate the result of APs participation and the participation of APs in resettlement implementation by monitoring these consultations. At the same time, the IME will consult with APs to gain the knowledge, favorites and hopes of their livelihood, and report the information to PMO. These works shall be conducted over and over again in the period of resettlement implementation and after implementation. 3) Complaints The IME will visit the affected places at fixed time, and adopt the way of holding talks with local resettlers and APs to ask and understand the complaints, the IME will monitor the efficiency of disposal of the complains continually, and aiming at the possible changes, the IME will put forward suggestions when necessary to make the process of resettlement more effectively. 4) Other Responsibilities The IME shall provide suggestions to PMO in the periods of preparation of RP and implementation; meanwhile, it is also responsible for the monitoring of the following projects: (1) The payment and amount of the compensation; (2) The preparation and sufficiency of reallocations; (3) The housing reconstruction; (4) The APs removing; (5) Training; (6) The support to vulnerable group; (7) The reconstruction of infrastructures and special facilities; (8)The production allocation and recovery; (9) The compensation of property loss; (10) The compensation of working time loss; (11) The transition allowance; (12) The compensation of repurchase fee of property loss; (13) The timetable of above activities (it can be used at anytime); (14) The agency organization of resettlement network; (15) Collective land compensation and the resettlement incomes; (16) The situations of labors’ employment and increased incomes. 10.2.5 The Procedure of Independent Monitoring & Evaluation

145 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

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

Develop detailed general outline of monitoring and evaluation;

Works in Early Period Study the technical way and working methods of monitoring and evaluation;

Develop the investigation outline and tables;

Design typical resettlement trail investigation plan for monitoring system.

Give an extensive investigation for the economic information of resettlers and their villages;

Give a total investigation or the schedule of the relocation and the situation of the fund in place;

Monitoring System Collect the information of typical resettlers at fixed time;

Check the random samples.

Conduct Office operation, analysis, calculation, evaluation, and make out a conclusion;

Evaluation System Compile monitoring and evaluation report and submit the report to the Municipal PMO and ADB.

10.2.6 The Period, Frequency and Standard of Monitoring & Evaluation 1) The period of monitoring: The IME working time includes the engineering construction period and the two years after the completion of the engineering. 2) The frequency of monitoring: The frequency shall be reported at least twice a year at peak period and once in other years according to the schedule of resettlement implementation and arrangement of implementation intensity, it shall provide consultation for Municipal PMO. 3) The standard of monitoring: The investigation and sampling standard of IME: 5% of APs in land requisition and removing; 20% of affected village in land requisition and removing; 20% of enterprises and public institutes in land requisition and removing.

146 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

4) The time of monitoring report: Submit the monitoring report to Provincial PMO and ADB twice at peak period (in July and December every year), and in other years submit it once in July per year. 10.3 The Evaluation of Resettlement After the completion of the project, on the base of monitoring and evaluation, conduct an evaluation for the resettlement by means of evaluation theories and methods. The content mainly includes the evaluation of successful experience and drawing the lessons in housing removing, enterprises and institutions and land acquisition etc., the evaluation will provide referenced experience for future resettlement. After resettlement, the evaluation unit is responsible for the work of compiling evaluation outline, setting up the system of evaluation guidelines, conducting the analysis and investigation of social economy, compiling The Evaluation Report after the Resettlement Implementation of Leiyang Municipal Flood Control Project, and submitting the report to Provincial PMO and ADB.

147 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

11. Resettlement Budget 11.1 Compilation Basis and Principle of Cost Estimate 11.1.1 Main Bases 1) Land Administration Law of the People’s Republic of China (1999); 2) Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China (2000); 3) Houses Demolition Administration Regulations of the PRC, starting implementation since November 1, 2001; 4) Methods of Hunan Province for Implementing the Urban Houses Demolition Administration Regulations, starting implementation since September, 1, 2002 5) Provisional Regulations on Cultivated Land Acquisition Tax of the PRC; 6) Methods of Hunan Province for Implementing the Cultivated Land Acquisition Tax (Revision); 7) The Notice by Hunan Provincial Commodity Price Bureau and Financial Department about Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System (XJF [2003] NO.42); 8) Regulations about Land Acquisition and Resettlement for Hydraulic and Hydroelectric Engineering (SD290--2003); 9) Relative procedures and specifications of each professional department; 10) Investigation of physical materials index affected by the project and result of resettlement plan. 11.1.2 Compilation Principle 1) For projects of economic rehabilitation, demolition resettlement, special facilities demolition and rebuilding which are planned and designed according to the relative national policies, procedures and specifications, calculate the investment according to the design scheme and corresponding work quantity (or physical materials amount). 2) Standards for land compensation fee and resettlement subsidies, and young crops compensation fee shall be calculated and determined according to relative regulations in Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China; 3) Houses compensation standard shall be analyzed and determined according to typical unit price of the houses in the area affected by the project; compensation standards for auxiliary facilities, scattered trees, and demolition subsidies shall be determined comprehensively according to the compensation standards of typical design or similar project.

148 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

4) Compensation fee of the special facilities shall be determined on the basis of “original scale, original standard and original function” according to the actual rehabilitation situation; 11.2 Resettlement Compensation 11.2.1 Land Compensation 1) Project Permanent Land Acquisition The land compensation, resettlement subsidies and production compensation is calculated as RMB 6.5691 million yuan according to the acquired land quantity of various kinds and compensation standards adopted for the project. 2) Project Temporary Land Acquisition The temporary land use in this project is 164.55 mu, in which there are dry farmland of 35 mu, shrubbery land of 33.73mu, and waste land of 49.71 mu. Calculated according to the compensation standards of various temporary land uses, the temporary compensation fee of this project is RMB 0.2242 million yuan. 11.2.2 Compensation for Houses and Auxiliary Facilities The compensation for houses and auxiliary facilities in this project mainly include the compensation fees for residential houses, non-residential houses and the auxiliary facilities. The compensation fees for the houses and auxiliary buildings are calculated as RMB 9.8481 million yuan according to the demolition physical materials index and standards of compensation and subsidy. 11.2.3 Compensation for Infrastructures The compensation for infrastructures in this project mainly includes fees for the site field leveling of the resettlement place, water drinking, illuminating in the centralized resettlement spot and scattered resettlement spots and infrastructures such as roads and so on. The demolition and resettlement is planned to be 409 persons of 95 families. The investment is totally calculated to be RMB 0.7362 million yuan according to the compensation standard of 1800 Yuan per person. 11.2.4 Demolition Transportation Fee The transportation fee of this project mainly includes transportation fee, livelihood subsidies, temporary residential subsidies and secondary transportation fee, etc. The investment is totally calculated to be RMB 0.4704 million yuan, according to the required demolition and resettlement of 409 persons of 95 families. 11.2.5 Compensation for Scattered Trees It is necessary to chop scattered grown trees of 54 in this project, in which there are 1 fruit tree and 53 sundry trees. The compensation for scattered grown trees of this project is calculated to be RMB 600 yuan according to the compensation standard.

149 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

11.2.6 Compensation for Enterprises and Institutions The houses demolition compensation for enterprises and institutions is counted in the compensation part for houses and auxiliary buildings. Compensation for enterprises only includes demolition subsidies, RMB 0.224 million yuan in total. 11.2.7 Compensation for Individuals Engaged in Small-scale Business The demolition compensation for self-employed commercial booth is counted in the compensation part for houses and auxiliary buildings. The loss compensation for business stop is calculated as RMB 4,500 yuan according to the booth business area of required demolition by 15 yuan/m2 per month (business stop period is calculated as 3 months); for the comprehensive transportation and incidental expenses, the compensation investment is calculated as RMB 600 yuan according to 200 yuan/ family. 11.2.8 Subsidies for Vulnerable Group The subsidies for vulnerable group in this project is calculated as 1% of the land acquisition compensation and the compensation for houses and auxiliary facilities, the investment is RMB 0.1664 million yuan, and mainly used for offering various kinds of help or livelihood support fees for the vulnerable group affected by the project. 11.2.9 Resettlement Compensation Investment The resettlement compensation investment of this project is the sum of Item 11.2.1~Item 11.2.8, totally calculated as RMB 18.9441 million yuan. See Table 11.2-1 for details.

150 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources Table 11.2-1 Budget for Resettlement Compensation Investment of Leiyang City Urban Flood Control Project Shuidongjiang Investment Caizichi Sub-district Remarks Unit Price Sub-district Item Sub-item Sub-sub-item Unit Total (Yuan) Investment Investment (10,000 Yuan) Quantity Quantity (10,000 Yuan) (10,000 Yuan) Total 1894.41 421.26 1473.15 I. Land 679.33 199.50 479.83 Compensation (I). Permanent Land 656.91 115.08 199.50 153.64 457.41 Acquisition 1. Collectively mu 414.26 111.68 199.50 128.84 214.76 owned land 1.1 Cultivated mu 286.50 82.30 149.92 74.98 136.58 Land Dry farmland mu 18216 286.50 82.3 149.92 74.98 136.58 1.2 Garden mu 22476 37.20 13.04 29.31 3.51 7.89 land 1.3 Pond mu 22082 3.18 0.42 0.93 1.02 2.25 1.4 Housing mu 19345 83.86 9.46 18.30 33.89 65.56 plot of villager 1.5 Unused mu 1603 3.52 6.46 1.04 15.44 2.48 land 2. State-owned mu 242.65 3.40 24.80 242.65 Land 2.1 Industrial mu 113390 242.65 21.40 242.65 Land 2.2 Land for mu 3.4 3.40 Assigned for free Other Use (II). Temporary Land mu 22.42 22.42 Use 1.1 Dry mu 6021 21.07 35.00 21.07 farmland 1.2 Shrubbery mu 401 1.35 33.73 1.35

151 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources Table 11.2-1 Budget for Resettlement Compensation Investment of Leiyang City Urban Flood Control Project Shuidongjiang Investment Caizichi Sub-district Remarks Unit Price Sub-district Item Sub-item Sub-sub-item Unit Total (Yuan) Investment Investment (10,000 Yuan) Quantity Quantity (10,000 Yuan) (10,000 Yuan) land 1.3 Waste land mu 49.71 No compensation II. Compensation for Houses and Auxiliary 984.81 5541.00 176.80 25284.99 808.01 Facilities (I). Residential m2 618.07 5138.30 151.75 16368.66 466.32 Houses 1.Rural Residential m2 618.07 5138.30 151.75 16368.66 466.32 Houses 1.1 Brick m2 338 426.10 3488.57 117.91 9118.11 308.19 Concrete 1.2 Brick Wood m2 266 170.31 1058.75 28.16 5344.02 142.15 1.3 Earth Wood m2 172 3.13 103.7 1.78 78.25 1.35 1.4 Simple m2 80 18.53 487.28 3.90 1828.28 14.63 Structure (II). Non-residential m2 341.14 402.70 14.47 8916.33 326.67 Houses 1.1 Brick m2 400 271.79 266.34 10.65 6528.55 261.14 Concrete 1.2 Brick Wood m2 315 64.62 114.24 3.60 1937.23 61.02 1.3 Simple m2 100 4.73 22.12 0.22 450.55 4.51 Structure (III). Auxiliary 25.60 10.58 15.02 Facilities 3.1 Cement m2 25 15.13 3047.49 7.62 3004.94 7.51 Sunny Ground 3.2 Walls m2 20 6.95 980.99 1.96 2495.79 4.99 3.3 Cement m3 80 0.77 42.04 0.34 53.62 0.43 Pond

152 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources Table 11.2-1 Budget for Resettlement Compensation Investment of Leiyang City Urban Flood Control Project Shuidongjiang Investment Caizichi Sub-district Remarks Unit Price Sub-district Item Sub-item Sub-sub-item Unit Total (Yuan) Investment Investment (10,000 Yuan) Quantity Quantity (10,000 Yuan) (10,000 Yuan) 3.4 Well Piece 300 0.09 2 0.06 1 0.03 3.9 Piece 200 0.04 1 0.02 1 0.02 Air-conditioner 3.10 Telephone Piece 200 1.38 16 0.32 53 1.06 3.11 CATV Family 150 1.24 17 0.26 65 0.98 III. Compensation 73.62 12.6 61.02 for Infrastructure Site leveling, drinking and Person 1800 73.62 70 12.60 339 61.02 illuminating IV. Demolition 47.04 8.05 38.99 Transportation Fee 1. Material Person 150 6.14 70 1.05 339 5.09 Demolition Fee 2. Livelihood Person 200 8.18 70 1.40 339 6.78 Subsidies 3. Temporary Residential Person 500 20.45 70 3.50 339 16.95 Subsidies 4. Secondary Person 300 12.27 70 2.10 339 10.17 Demolition Fee V. Scattered Trees Piece 0.06 53 0.06 1. Fruit Trees Piece 0.01 0.01 With Fruits Piece 60 0.01 1 0.01 Without Fruit Piece 18 2. Sundry Trees Piece 10 0.05 53 0.05 VI. Agriculture and 70.00 20.00 50.00 Bywork facilities

153 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources Table 11.2-1 Budget for Resettlement Compensation Investment of Leiyang City Urban Flood Control Project Shuidongjiang Investment Caizichi Sub-district Remarks Unit Price Sub-district Item Sub-item Sub-sub-item Unit Total (Yuan) Investment Investment (10,000 Yuan) Quantity Quantity (10,000 Yuan) (10,000 Yuan) Sand stone yard Place 50000 4 20.00 10 50.00 VII. Compensation for Enterprises and 22.40 0.55 21.85 Institutions 1. Demolition m2 25 22.40 218.4 0.55 8738.1 21.85 Subsidies VIII. Compensation for Individuals Engaged in 0.51 0.51 Small-scale Business In principle, calculated 1. Business Stop m2·mont as production and 15×3 0.45 99.6 0.45 Loss h business stop of 3 months 2. Comprehensive Transportation Piece 200 0.06 3 0.06 Incidental Expenses Calculated as 1% of the land acquisition IX. Vulnerable compensation and 16.64 3.76 12.88 Group Subsidies compensation for houses and auxiliary facilities

154 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

11.3 Compensation for Special Facilities Because the relative professional departments of the special facilities affected by this project have not put forward the detailed resettlement plan at present, the rebuilding compensation investment in this budget is calculated according to the quantities actually affected by the project. 1) Compensation for traffic facilities: Mainly including compensation fees of mechanical farm road, minor bridge, and culvert, etc., RMB 0.1400 million yuan in total. 2) Compensation for power transmission and transformation: Mainly including rebuilding compensation fee for the pole removing and line changing of 10KV high voltage line and 380V low voltage line; and the demolition and installation expense for transformer. The investment is calculated to be RMB 38,300 yuan in total. 3) Compensation for post facilities: The line cable specification of the post is HYA3-0.5, the investment is calculated to be RMB 25,000 yuan in total according to 50,000 yuan/km. 4) Compensation for hydraulic facilities: Reconstruction of electric pumping station, and the compensation investment is RMB 0.203 million yuan. The compensation investment of the above-mentioned special facilities is calculated to be RMB 0.4063 million yuan in total. See Table 11.3-1 for details. Compensation Investment Budget for Special Facilities Affected by Land Acquisition and Demolition of Leiyang City Urban Flood Control Project Table 11.3-1 Shuidongjiang Investment Caizichi Sub-district Unit Sub-district Total Item Unit Price (10,000 Investment Investment (Yuan) Yuan) Quantity (10,000 Quantity (10,000 Yuan) Yuan) Total 40.63 12.73 27.90

1. Traffic Facilities 14.00 1.00 13.00 1.1 Mechanical Farm Road km 150000 9.00 0.6 9.00 1.2 Minor bridge Seat 40000 4.00 1 4.00 1.3 Culvert Place 10000 1.00 1 1.00 2. Power Transmission and 3.83 0.83 3.00 Transformation Facilities 2.1 10KV High Voltage Line km 50000 3.00 0.6 3.00 2.2 380V Low Voltage Line km 27500 0.83 0.3 0.83 3. Post Line km 50000 2.50 0.5 2.50

4. Hydraulic facilities 20.30 10.90 9.40 Electric pumping station kw 1000 20.30 109 10.90 94 9.40

155 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

11.4 Other Costs 1) Cost for survey, design and scientific research: The cost of required survey, layout, design and scientific research for land acquisition and resettlement design, is calculated to be RMB 0.5595 million yuan as 3% of the sum of the cost for resettlement compensation and compensation investment for special facilities. 2) Implementation Management Cost: Including the routine management cost for resettlement implementation institution, such as salary, official business and evection, etc., it is calculated to be RMB 0.5595 million yuan as 3% of the sum of cost for resettlement compensation and compensation investment for special facilities. 3) Implementation Institution Preliminary Cost: Including cost for official rooms, vehicles and equipment purchases and other required costs for the starting and operation of the resettlement implementation institution, which is calculated to be RMB 0.4075 million yuan; 4) Technical Training Cost: Required cost for enhancing the production skills and cultural accomplishment of the rural resettler and the management level of resettler cadres. The cost is calculated to be RMB 91,300 yuan as 0.5% of resettlement compensation investment; 5) Supervision and M&E Cost: Cost for resettlement comprehensive supervision, monitoring and evaluation. The cost is calculated to be RMB 0.1865 million yuan as 1.5% of the sum of the cost for rural resettlement compensation and compensation investment for special facilities. The above-mentioned other costs are calculated to be RMB 1.8043 million yuan in total. 11.5 Basic Contingency Fee The basic contingency fee is calculated to be RMB 2.0455 million yuan as 10% of the investment sum of resettlement compensation, special facilities compensation and other costs. 11.6 Relative Tax 1) Cultivated land acquisition tax: According to the statistical material of Leiyang City in 2003, the cultivated land area per person of agricultural population in the project area is 0.85 mu. According to Methods of Hunan Province for Implementing the Cultivated Land Acquisition Tax, for areas where the cultivated land area per person is 0.5 mu~ 1 mu, the tax standard for paddy field, dry farmland and garden field is 4~8 yuan/ m2, 6 yuan/m2 is adopted here. The cultivated land acquisition tax is totally calculated to be RMB 1.0182 million yuan in this project. 2) Cultivation Fee for Cultivated Land: According to the XJF [2003] NO.42 Document issued by Hunan Provincial Commodity Bureau and Financial Department, Leiyang City belongs to Grade III Area, and the cultivation fee standard for cultivated land is: 10,000 yuan/mu for paddy field and 6,000 yuan/mu for dry farmland. According to the relative regulations in documents of Ministry of National

156 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Land Resources, State Economic and Trade Committee and Ministry of Water Resources The Notice about Relative Problems of Land Acquisition for Hydraulic and Hydroelectric Project Engineering (GTZF[2001] NO.355), for the cultivated land acquisition of project which is mainly for flood control, water supply (including irrigation) profits, the cultivation fee can be charged as 70% of the floor level of cultivation fee of cultivated land regulated by people’s government of each province. Hereby, the cultivation fee standard for cultivated land is determined as 7000 yuan/mu for paddy field and 4200 yuan/mu for dry farmland. The cultivation fee for cultivated land is calculated to be RMB 0.5966 million yuan in total. The above-mentioned tax is calculated to be RMB 1.6148 million yuan in total. See Table 11.6-1 for details. Calculation Table for Relative Tax of Land Acquisition in Leiyang City Urban Flood Control Project Table 11.6-1 Shuidongjiang Investment Caizichi Sub-district Sub-district Unit Price Total Investment Investment Item Unit (10,000 (Yuan) Quantity (10,000 Quantity (10,000 Yuan) Yuan) Yuan) Total 161.48 64.25 97.23 I. Cultivated Land 101.82 36.08 65.74 Acquisition Tax

2 1. Cultivated Land m 95.80 31.46 64.34 1.1 Dry Farmland m2 6 89.78 44729.02 26.84 104905.76 62.94 2. Garden Land m2 6 6.02 7697.18 4.62 2341.17 1.40 II. Cultivation Fee for Cultivated 59.66 28.17 31.49 Land 2. Dry Farmland mu 4200 59.66 67.06 28.17 74.98 31.49

11.7 Budget for Total Investment The total budget of compensation investment for land acquisition, demolition and resettlement in this project is RMB 24.115 million yuan (the total investment is RMB 22.5002 million yuan excluding the relative tax) and will be entirely listed into the total budget of the project and borne by the construction unit of the project. See Table 11.7-1 for the total budget of compensation investment for details.

157 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Total Budget Table of Compensation Investment for Land Acquisition Demolition in Leiyang City Urban Flood Control Project Table 11.7-1 Investment Total Shuidongjiang Caizichi Item Sub-item Remarks (10,000 Sub-district Sub-district Yuan) I. Resettlement 1824.41 401.26 1423.15 Compensation Fee 1. Land Compensation 679.33 199.5 479.83 2. Compensation for Houses and 984.81 176.8 808.01 Auxiliary Facilities 3. Compensation for Infrastructures 73.62 12.6 61.02 4. Demolition Transportation Fee 47.04 8.05 38.99 5. Compensation for Scattered 0.06 0 0.06 Trees 6. Compensation for Enterprises 22.40 0.55 21.85 and Institutions 7. Compensation for Self-employed 0.51 0 0.51 Industrial Enterprises 8. Subsidies for Vulnerable Group 16.64 3.76 12.88 II. Compensation for 40.63 12.73 27.90 Special Facilities 1. Compensation for Traffic 14.00 1 13.00 Facilities 2. Compensation for Power Transmission and Transformation 3.83 0.83 3.00 Facilities 3. Compensation for Post Facilities 2.50 0 2.50 5. Hydraulic Facilities 20.30 10.9 9.40 III. Other Costs 180.43 51.39 129.04 1. Cost for Survey, Design and 3% of the sum 55.95 12.42 43.53 Scientific Research of Item I and II 2. Implementation Management 3% of the sum 55.95 12.42 43.53 Cost of Item I and II 3. Implementation Institution 40.75 20.40 20.35 Preliminary Cost 4. Technical Training Cost 9.13 2.01 7.12 0.5% of Item I 1% of the sum 5. M&E Cost 18.65 4.14 14.51 of Item I and II 10% of the sum IV. Basic 204.55 46.54 158.01 of Item I to Item Contingency Fee III V. Total Investment 2250.02 511.92 1738.10 (excluding tax) VI. Relative Tax 161.48 64.25 97.23 1. Cultivated Land Occupancy Tax 101.82 36.08 65.74 2. Cultivation Fee for Cultivated 59.66 28.17 31.49 Land VII. Total Investment 2411.50 576.17 1835.33 (including tax)

158 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

11.8 Balance between Land Compensation Fee and Economic Rehabilitation Investment According to the relative resettlement article: “ The land compensation and resettlement subsidies, is used by the institutions with land acquired for production rehabilitation and development, and arranging the employment for the surplus labor forces caused by the land acquisition and livelihood subsidies for people incapable for work. It can also be contracted to the county (city) and be unitedly allocated by the county (city) for land development, production and livelihood resettlement for resettlers. But these special funds must be specially used. The funds shall not be privately shared or used for other purposes.” In case that the land compensation and resettlement subsidies can not meet the requirements of production and resettlement, the resettlement subsidies can be increased according to the situation. Therefore, the land compensation fee and resettlement subsidies, as the only fund resource of the resettlers’ production and resettlement, must be equal to or a little more than the total investment of economic rehabilitation. According to the economic rehabilitation plan, the required economic rehabilitation population in this project is 419. The investment for production development project is RMB 2.3925 million yuan in total. The permanent collective land acquisition compensation fee in the project area is RMB 3.2688 million yuan in total, RMB 15,600 yuan more than the required investment for economic rehabilitation of agricultural population, a little more than required investment for other economic rehabilitation. This indicates that the land compensation standard is considerably suitable, and can meet the fund requirement of economic rehabilitation. The fund margins can be unitedly used for continuous development by each village group, such as launching village-owned enterprises, land resources development and used as fund investment for other projects as improving low-yield farmland and converting dry farmland to paddy fields, etc., to ensure that the livelihood level of the resettler reaches or exceeds their previous standard. 11.9 Funds Flow All the compensation funds for land acquisition and demolishment will come from the counterpart funds of local governments. The compensation funds shall be paid and used according to the compensation policies and standards determined in the resettlement activity plan. The funds shall be appropriated under the supervision and management of the interior monitoring institution and checked by the exterior monitoring institution. Leiyang City Project Office signs Contract Agreement of Resettlement Task Investment in Leiyang City Urban Flood Control Project with Municipal Project Resettlement Office, and pays Municipal Resettlement Office in terms according to resettlement implementation progress. Municipal Project Resettlement Office then appropriates in classifications according to construction

159 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

projects: 1) Land Acquisition: Municipal Project Resettlement Office signs Agreement of Land Acquisition Compensation and Attachments on Field with townships (management section) and villager committees affected by the project. The payment of compensation funds shall be paid to the township (management section) resettlement Office by Municipal Project Resettlement Office through banks according to the compensation items, quantity, time and expenses regulated in Agreement of Land Acquisition Compensation. Then the township resettlement Office pays the villager committee or villager’s group. The relative villager committee uses the land compensation fee for developing the production. The resettlement subsidies shall be paid to the rural collectivity. Then the rural collectivity will pay the resettlement subsidies to institutions or individuals according to resettlement scheme. Compensation fee for the attachments on field will be paid to the owner through the villager committee. 2) Residential Houses: Municipal Project Resettlement Office signs Agreement of Demolition Compensation for Project Resettlement Families with the involved and affected demolition resettlement families according to the contents of basic situation, compensation amount, subsidies, payment method, time limit and demolition time limit, etc. of the affected houses. The compensation fund is allocated directly to the affected families by Municipal Project Resettlement Office. 3) Non-residential Houses: Municipal Project Resettlement Office signs agreements with the relocatee on the contents of compensation standard, resettlement mode and demolition time limit, etc. The compensation fund is allocated directly to the relocatee by Municipal Project Resettlement Office. 4) Compensation Fee for Public Infrastructure: Municipal Project Resettlement Office signs Agreement of Compensation for Public Infrastructure with the township (management section), villager committee or Contract of Resettlement Project Construction with the construction institution directly. The compensation fund shall be paid to the relative townships, villager’s groups and contractor institutions according to the contract agreement. 5) Special Facilities: Municipal Project Resettlement Office signs Agreement of Compensation for Rehabilitation and Rebuilding of Special Facilities with each special department. Compensation investment for rehabilitation and rebuilding of the special facilities is paid to each functional department by Municipal Project Resettlement Office through banks. See Fig. 11.9-1 for Funds Flow Chart of Project Resettlement Compensation. 11.10 Funds Management and Audit Project demolition department submits the demolition budget to ADB Loans Project Management

160 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Office according to the annual project demolition progress and funds plan. ADB Loans Project Management Office will appropriate funds for each item after approval. In the progress of funds using, the project demolition department shall strictly comply with Regulations for State Funds Management and Audit. The funds operation shall be checked grade by grade, that is checked by Principle of Demolition Department- Principle of ADB Loans Project Management Office- Financial Department of ADB Loans Project Management Office. Financial Department appropriates the funds to Demolition Department according to the checked budget and the principal’s written instruction, after determining that it is in accordance with the standard in this report and the data are correct. ADB Loans Project Management Office will process the appraisal and audit in the mid-term of this project, completely examine the use situation of the resettlement funds and adjust the budget according to the actual situation.

161 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources Municipal Project Township (management Land Compensation Municipal Project Office Villager Committee or Villager’s Group Resettlement Office section) Resettlement Office

Municipal Project Township (management Resettlement Subsidies Municipal Project Office Villager Committee or Villager’s Group Resettlement Office section) Resettlement Office

Young Crops Compensation Municipal Project Office Municipal Project Township (management Villager Resettlement Resettlement Office section) Resettlement Office Committee Family

Compensation for Residential Municipal Project Township (management Relocatee Municipal Project Office Houses and Auxiliary Facilities Resettlement Office section) Resettlement Office Family

Demolition Subsidies Municipal Project Office Municipal Project Township (management Relocatee families or relative institutions Resettlement Office section) Resettlement Office

Compensation for Scattered Municipal Project Township (management Municipal Project Office Owner Trees Resettlement Office section) Resettlement Office Compensation for Resettlement forResettlement Compensation Compensation for Municipal Project Office Municipal Project Construction Unit Infrastructure Resettlement Office

Non-residential Production Municipal Project Office Municipal Project Relocatee and Business Stop Loss Resettlement Office

Non-residential Demolition Municipal Project Municipal Project Office Relocatee Subsidies Resettlement Office

Compensation for Special Municipal Project Office Municipal Project Principal Department for Construction Facilities Resettlement Office Special Facilities Unit

Subsidies for Vulnerable Municipal Project Office Municipal Project Township (management Vulnerable Group Resettlement Office section) Resettlement Office Group

Plan and Design Cost Municipal Project Office Resettlement Design Institution

M&E Cost Municipal Project Office M&E Institution

Technical Training Cost Municipal Project Office Technical Training Institution

Implementation Management Municipal Project Office Resettlement Implementation Institution of each grade Cost

Fig. 11.9-1 Funds Flow Figure of Resettlement Compensation in Leiyang City Urban Flood Control Project

162 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

12. Resettlement Progress Arrangement The schedule of resettlement progress arrangement shall be worked out according to the construction content, volume of works, time limit, resettlement objects and modes, and other factors. 12.1 Principles of Resettlement Progress Arrangement 1) During the period of implementation progress arrangement, rural resettlement land acquisition relocation, combined with the characteristics of agricultural production, should be arranged in slack season to reduce impact on agricultural production. 2) Dismounting of resettlers’ houses would be conducted by stages, but should be finished before the commencement of each contract section. 3) Notify resettlers of houses relocation at least 3 months in advance, and give them at least 2 months to build new houses from the notified date to the ultimate time limit of removing. Those affected people may live in their former houses till completion of the new ones. 4) House building duration should be arranged according to schedule of project, and could be prolonged if necessary. 5) To reduce impact on resettlers’ livelihood, the public and infrastructure facilities should be completed at least 20 days before building houses for resettlement. 6) To reduce impact on reconstructed special facilities, its reconstruction should be arranged in phase of completing each contract section. 7) Resettlers’ training should be carried out four times in slack season with each time lasting 5 days, and starts respectively when agricultural economic rehabilitation goes through its 1/3 course and at its final stage. 8) Demolition and relocation of enterprises and institutions should be arranged by their functional departments according to project schedule. 12.2 Progress Plan 12.2.1 Resettlement Implementation Progress Plan According to the Construction Organization Design of Project, only when land acquisition and demolition are completed in advance can the execution of project be ensured as scheduled. Based on this, the project resettlement implementation progress plan shall be compiled. For details of the resettlement implementation progress plan, see in appendix Table 1. 12.2.2 Annual Funds Use Plan The annual investment plan of each resettlement compensation fee is worked out on basis of resettlement implementation progress arrangement. The annual funds use plan is arranged as

163 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

follows: for the first year, 6.3363 million; for the second year, 12.023 million; for the third year, 5.1139 million and for the fourth year, 0.6418 million, accounting for 26.28%, 49.86%, 21.21% and 2.65% of the total investment respectively. For more details, see Table 12.2-1.

Step-by-Step Investment Plan Table Table 12.2-1 Total 1st 2nd 3rd 4th Item Sub-item Investment Year Year Year Year (million) (million) (million) (million) (million) 1.Resettlement 18.2441 5.5508 9.6069 3.0864 compensation fee 1.Land compensation 6.7933 1.7306 3.4612 1.6015 2.Houses and accessorial facilities compensation 9.8481 2.9544 5.4165 1.4772 3.Infrastructure facilities compensation 0.7362 0.4237 0.3125 4. Moving and transportation fee 0.4704 0.2707 0.1997 5.Scattered trees compensation 0.0006 0.0006 6.Enterprises & institutions compensation 0.224 0.1128 0.1112 7. Compensation for individuals engaged in small business 0.0051 0.0051 8.Vulnerable group subsidy 0.1664 0.0529 0.1058 0.0077 2.Special facilities 0.4063 0.3283 0.078 compensation 1.Transportation facilities compensation 0.14 0.14 2.Electricity transmission & change facilities compensation 0.0383 0.0383 3. Post facilities compensation 0.025 0.025 4. Water resource facilities compensation 0.203 0.125 0.078 3.Other charges 1.8043 0.4572 0.9555 0.2611 0.1305 1. Reconnaissance, design & scientific research charge 0.5595 13.99 25.18 11.19 5.59 2.Implementation & management charge 55.95 0.1399 0.2518 0.1119 0.0559 3.Charge for executive organs running 0.4075 0.10 0.3075 4.Technical training charge 0.0913 0.0308 0.0605 5.Charge for monitoring, measuring and evaluation 0.1865 0.0466 0.0839 0.0373 0.0187 4.Basic 2.0455 0.6137 0.9205 0.5113 contingency charge 5.Total investment (excluding tax and 22.5002 6.3363 11.2541 4.268 0.6418 fee) 6.Relevant tax and 1.6148 0.7689 0.8459 fee 1.Tax for cultivated land occupation 1.0182 0.5303 0.4879 2.Fee for cultivated land reclamation 0.5966 0.2386 0.358 7.Total investment (including tax and 24.115 6.3363 12.023 5.1139 0.6418 fee)

164 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Appendix 1: Resettlement Information Booklet 1. Project Background The areas within Hunan Province, which are brought into this urban flood control project, are limited to the cities above county level in hilly sections with relatively serious flood disaster. All the cities are considered as the areas with developed economy, dense population and centralized wealth. If the cities are submerged, the loss will be great, and the economic development will be supportless. At present, the urban flood control standard in the project area is low. Flood disaster occurs in successive years, seriously restricts the urban economic development and affects the lives and property safety of urban people. For Leiyang City, as the sub-project city of the urban flood control project under ADB loans, its flood and waterlogging control capacity can be absolutely improved through the project implementation. The flood control standard will be enhanced from the current 5-year occurrence to 20-year occurrence; and the waterlogging control standard will be enhanced from the current 3-year occurrence to 10-year occurrence, which can greatly lighten the urban flood control burden of Leiyang City and benefit the normal development of society. The main engineering measures involved in land acquisition and relocation of Leiyang City Urban Flood Control Project are: reinforcing and newly-building of embankment, renewal, reconstruction and newly-building of culvert sluices and power allocation station, and there also is temporary land acquisition as project construction site and borrow area, etc. The NoRevert areas in the project land acquisition, with the residents’ production and livelihood seriously affected by the project construction, are considered as the affected range of the project land acquisition and relocation. The final range of land acquisition and relocation may be partially adjusted with the deepening of the designed depth. 2. Project Affected Area and Quantity According to the investigation, the project land acquisition and demolition only affect 2 sub-districts, 7 administrative villages and 30 villager’s groups. There are various land of 265.32 mu to be acquired by the project, among which 24.8 mu for state-owned lands (including industrial land of 21.4 mu, and other lands of 3.4 mu such as city idle land as well as idle level ground, etc.), 240.52 mu for collectively owned land (including dry farmland of 157.28 mu, garden land of 16.55 mu, pond of 1.44 mu, rural homestead of 43.35 mu and unused land of 21.9 mu); project relocated residential and non-residential houses of 29821.59m2 (including brick concrete structure of 18397.17m2, occupying 61.69%, brick wood structure of 8454.24m2, occupying 28.35%, earth-wood structure of 181.95m2, occupying 0.61%, simple structure of 2788.23m2, occupying 9.35%). The number of resettlement household affected by relocation is 95 households.

165 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

3. Resettlement Plan The project resettlement plan is organized and guided by Key Project Office of Water Resources Department of Hunan Province and the local People’s Governments of various levels; and resettlement planning is compiled by the technical assistance experts through detailedly influential investigation based on sufficiently soliciting the villagers’ opinions. To carry out the principle of “Developmental Resettlement”, the rehabilitation strategy of “based on the land and agriculture” is adopted to the resettlement plan. Through re-adjusting current cultivated land and developing the big-shed vegetable and the secondary and tertiary industries such as processing and transportation industries within the range of affected villages, the resettlement plan offers the production basis for short-term livelihood guarantee and long-term developing potential, which will combine the resettlement, rehabilitation and the regional economic development brought by this project, and make the resettlers’ livelihood reach or exceed the living standards before resettlement. 4. Policy References and Objectives of Resettlement Plan 4.1 Policy References a) Land Administration Law of the People’s Republic of China (NO.8 Decree by Chairman of the PRC issued on August 29, 1998, starting implementation since January 1, 1999) b) Implementation Regulations for the Land Administration Law of the People’s Republic of China (NO. 256 Decree by the State Council of the PRC issued on December 27, 1998, starting implementation since January 1, 1999) c) Houses Demolition Administration Regulations of the PRC (NO. 305 Decree by the State Council of the PRC issued on June 13, 2001, starting implementation since November 1, 2001) d) Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China (approved by 14th congress of the Standing Committee of 9th People's Congress Council of Hunan Province on March 31, 2000) e) Methods of Hunan Province for Implementing the Urban Houses Demolition Administration Regulations (NO. 157 Decree by the People’s Government of Hunan Province issued on July 12, 2002, starting implementation since September 1, 2002) f) Resettlement Policy by ADB: Resettlement Manual—Feasible Practice Guide 4.2 Policy Objectives 1) Avoid or minimize the physical material quantity of land acquisition relocation and resettlement by adopting measures of engineering, technique and economy, etc.; when the land acquisition is unavoidable, effective measures shall be adopted to as far as possible reduce the affection caused by the land acquisition relocation to the production and livelihood of local residents.

166 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

2) During the preparation period of this project, make the socio-economic investigation and compile corresponding resettlement plan; 3) Resettlement shall be based on relocation physical indices and compensation standards, to aim at improving or at least recovering the original living standards of the resettlers; 4) Advocate developmental resettlement. The policy of “based on land, depending on the secondary and tertiary industries of the local area to widen the employment access” shall be adopted to the rural resettlement; 5) Encourage the affected person to participate in the resettlement planning; 6) The resettlers shall be considered in priority to be resettled within the original community; 7) The resettlers and original residents in the resettlement area will get benefit from the project. 4.3 Compensation Standards See Table 1 for compensation standards of affected types of Leiyang City urban flood control project Table 1 Compensation Standards for Various Affection in Leiyang City Urban Flood Control Project Affection Compensation Standard (Yuan/Unit) Affected Object Types Compensation Item Standard (Amplitude) Brick concrete structure 400 Yuan/m2 (380~420) Brick wood structure 315 Yuan/m2 (295-335) Urban residential Wood structure 272 Yuan/m2 (250~295) Houses Earth wood structure 210 Yuan/m2 (190~230) Simple structure 100 Yuan /m2 Brick concrete structure 338 Yuan /m2 (310~360) Brick wood stricture 266 Yuan/m2 (235~290) Rural residential Wood structure 231Yuan/m2 (200~255) Houses Earth wood structure 183Yuan/m2 (145~180) Simple structure 80 Yuan /m2 Residential Wall 20Yuan /m2 Houses and Owner of the title Cement pond 80Yuan /m2 Accessorial Cement sunny ground 25 Yuan /m2 Facilities Accessorial Well 300 Yuan/piece Facilities Telephone resettlement 200 Yuan /Piece Air-conditioner resettlement 200 Yuan/piece CATV resettlement 150 Yuan /household Compensation for Site leveling, drinking and illuminating 1800 Yuan /Person Infrastructures Demolition fee 150 Yuan / Person Demolition Living allowance 100 Yuan / Person Subsidies Temporary residence subsidies 400 Yuan / Person Secondary Demolition fee 150 Yuan / Person The unit prices of compensation for houses of various structures are calculated according to compensation standards for township residential houses and auxiliary Enterprises and Owner of the title facilities. institutions Relocation Non-residential 25 Yuan/ m2 houses and Subsidies auxiliary 2 facilities Individuals Loss expenses of shutdown 15 Yuan /m ·month engaged in Owner of the title small-scale Comprehensive Freight and miscellaneous charge 200 Yuan/household business With fruits 60 Yuan/piece (20~100) Scattered Fruiters Owner of the title Without fruit 18Yuan/piece (5~30) Trees Other Trees 10Yuan/ piece (5~14)

167 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

Table 1 Compensation Standards for Various Affection in Leiyang City Urban Flood Control Project Affection Compensation Standard (Yuan/Unit) Affected Object Types Compensation Item Standard (Amplitude) Permanent Industrial Land 113390Yuan/mu Land State-owned land Other land acquisition Volunteer transfer Acquisition Paddy field 22616 Yuan / mu Dry farmland 18216Yuan / mu Permanent Garden land 22476 Yuan/mu Land Collectively owned Land Pond 22082 Yuan / mu Acquisition Villagers’ homestead 19345 Yuan / mu Unused land 1603 Yuan / mu Temporary Dry farmland 5818 Yuan/mu Land Contractor Shrub land 1119 Yuan/mu Acquisition Tractor Road 150000 Yuan/km Minor Bridge 40000 Yuan/piece Culvert 10000 Yuan/piece Special Owner of the title 10KV High Voltage Line 50000Yuan/km Facilities 380V Low Voltage Line 27500Yuan/km Post line 50000 Yuan/km Electric pumping station 1000 Yuan/kw

4.4 Payment of Compensation Fee 1) The relocation compensation for land acquisition and other costs will be paid to the affected collectivities and individuals by the Project Office through the county’s resettlement office; 2) Compensation for houses will be paid before the resettlers start building; in case of paying in installment, the final expense shall be paid before the building completion; 3) The compensation for land and other facilities shall be paid to the relevant communities and individuals before land acquisition. 4.5 Rehabilitation Strategy For the land acquisition impact, the economic rehabilitation will be conducted based on the rehabilitation and development schemes within the range of village such as land adjustment, exploitation of big-shed vegetable and development of livestock breeding; or the compensation fee can be directly paid to the affected individuals. For the relocated household, they will get resettlement in their original village group or resettlement of centralized property right exchange. 5. Responsible Institution for Resettlement To ensure the smooth and effective implementation of the resettlement plan, institution net-work will be set in government of various levels to benefit for being responsible for planning, coordinating, implementing and monitoring the resettlement activities. The institutions set up for land acquisition relocation or involved in the above-mentioned resettlement of this project are: 1) Provincial Project Resettlement Leading Group 2) Provincial Project Resettlement Office

168 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

3) Municipal Project Resettlement Leading Group 4) Municipal Project Resettlement Office 5) Township (Sub-district) Resettlement Office 6) Village Committee or Residential Committee 7) External Individual M&E Institution 6. Appeal Disposal The resettlement plan is considered for the affected area of the overall project and generally planned for the resettlement scheme. During the course of implementation, it may arouse the resettlers’ complaints because of the changing of the actual situation and the deviations in operation. To effectively resolve these problems for ensuring smooth implementation of the project construction and land acquisition, the transparent and effective appeal channel has been established. 1) Appeal Channel Offices for citizens’ complaint letter and visit (including resettlement), which can receive, investigate and deal with the common appeal problems of resettlers’ appealing to higher authorities for help, are established in the county (city), city and province of the resettlers. The resettlement management institutions of various levels, which are set up according to the laws, have the grade-to-grade authority, from the province, city to county, to supervise the subordinate for whether accept the resettlement according to the laws; can deal with the appeal affairs of the resettlement. Independent Resettlement M&E Institution supervises the resettlement implementation according to the relevant national regulations and is responsible for protecting the resettlers’ lawful rights and interests; and can accept and reflect to the relevant department the appeal problems on encroachment of resettlers’ rights and interests; Jural departments of administration supervision, audit, disciplinary inspection, judicial administration, inspection are established in various levels of State, province, city and county. They can accept and hear the cases about irregularity and principle violation appealed by the resettlers. 2) Appeal Procedures If the resettlers are not satisfied with the resettlement, they can reflect to the village (residential) committee, who can consult directly with the local resettlement office for settlement, or can appeal to the superior resettlement office in oral or written form. After receiving the appeal, the superior resettlement office shall place on record. Moreover, they shall research and resolve the problem with the village committee and local resettlement office within 10 days. In case of encountering with confliction and dispute which cannot be resolved by consultation, the villager committee can appeal to the administration institutions (such as the project office, resettlement administration institutions,

169 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

resettlement monitoring institutions, office for citizens’ complaint letter and visit, administration inspection and disciplinary inspection, etc.) with domination authority grade by grade in appeal channel according to Administration Appeal Law of the PRC. In case of refusing to accept as final, the committee can appeal to People’s Court directly. The resettlement office shall be responsible for keeping all the appeal problems and resolving courses on the file.

170 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

171 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

172 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

预

制

场

D A C

阳

大

桥

S h u i d o U n n g d e j r i g a r n o g u n R d i D v r e a r i A n n a t g i - e h e D p i a t t c i h o s i s

S p e c i a l

H o s p i t a l

左 上 4 +2 B35

锣 鼓 寺

F

右 0 +0 93

E

173 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

上

上

174 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

上

175 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

上

176 Leiyang City Urban Flood Control Project Resettlement Plan Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources

177