Social Monitoring Report

Project Number: 37494 November 2010

PRC: Roads Development III Project External Monitoring Report on Land Acquisition and Resettlement for Guzhang-Baojing Local Road (I)

Prepared by: Institute of Biological Resources and Environmental Science, Univeristy, People’s Republic of China

For Guzhang-Baojing Highway Construction Co., Ltd.

This report has been submitted to ADB by Hunan Provincial Transportation Department and is made publicly available in accordance with ADB’s public communications policy (2005). It does not necessarily reflect the views of ADB.

Resettlement Monitoring Report

Project Name: Resettlement Monitoring Report of the Guzhang–Baojing

Highway Reconstruction Project

Client: Guzhang–Baojing Highway Construction Co., Ltd.,Guzhang

County

Guzhang–Baojing Highway Construction Co.,Ltd.,

Monitoring Unit: Institute of Biological Resources and Environmental

Science, Jishou University

Date of Issuance: November 11, 2010

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Resettlement Monitoring Report of the Guzhang–Baojing Highway Reconstruction Project

Compilation Unit:Institute of Biological Resources and Environmental Science,

Jishou University

Technical Principal:Hu Wenyong

Quality Assurance Principal:Chen Yiguang

Report Compiler:Shi Kai

Report Examiner:Zhuang Dachun

Report Verifier:Chen Gongxi

Participants:He Zeqiang, Liu Chunqiong, Qu Zhouxin, Yuan Zhizhong, Su Yin,

Yi Langbo, Huang Xiong, Xiongli

Date of Issuance:November 11, 2010

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Content

I、PROJECT BRIEFING AND PROJECT PROGRESS......

1.Project briefing...... Error! Bookmark not defined.

1.1 Project background......

1. 2 Project Explanatin...... Error! Bookmark not defined.

2. Project Progress ...... Error! Bookmark not defined.

II、RESETTLEMENT PLAN BRIEFING AND BACKGROUND

FOR MONITORING...... ERROR! BOOKMARK NOT DEFINED.

III、RESETTLEMENT PLAN IMPLEMENTATION...... ERROR!

BOOKMARK NOT DEFINED.

IV、ORGANIZATION ...... ERROR! BOOKMARK NOT DEFINED.

4.1 Resettlement organization .. Error! Bookmark not defined.

4.2 Responsiblities......

V..LAND REQUISITION..ERROR! BOOKMARK NOT DEFINED.

5.1 Land requisition in Guzhang countyError! Bookmark not

defined.

5.2 Land requisition in Baojing county ......

VI.COMPENSATION FOR LAND REQUISITION AND

RESETTLEMENT...... ERROR! BOOKMARK NOT DEFINED.

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6.1 Compensation standard for land requisition and

resettlement ...... Error! Bookmark not defined.

6.2 Compensation for land requisition and resettlement in

Guzhang county...... Error! Bookmark not defined.

6.3 Compensation for land requisition and resettlement in

Baojing couty ...... Error! Bookmark not defined.

6.4 General Situation for compensation of land requisition and

resettlement in and Baojing county...... Error!

Bookmark not defined.

6.5 Housing dismantling and rebuildingError! Bookmark not

defined.

6.6 Peasants re-employment plan ......

6.7 Compensation for arable land......

VII.PUBLIC CONSULTATION ...... ERROR! BOOKMARK NOT

DEFINED.

VIII、Conclusion Error! Bookmark not defined.

ATTACHMENT PICTURES: Picture 1:The sketch map of Guzhang-Baojing highway construction progress Picture 2:Photos of resettlement public consultation Picture 3:Photos of highway construction site Picture 4 Photos of new houses built during resettlement Attachment Tables:

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Form1:Resettlement public consultation form for the affected people(1 blank form, 5 filled forms) Form 2:Resettlement public consultation form for the affected units(1 blank form, 5 filled forms)

Appendixes: Appendix 1 Guzhang county government document GUZHENGHAN (2009)No.7 Notification on issuing the compensation plan for land requisition and resettlement of Guzhang-Baojing highway construction (Guzhang section) Appendix 2 Baojing county government document BAOZHENGFA (2009)No.5 Notification on issuing the compensation plan for land requisition and resettlement of Guzhang-Baojing highway construction (Baojing section) Appendix 3 National land bureau document under Xiangxi government Notification on budgets of the first batch and the second batch of land development projects in 2009 Appendix 4 National land bureau document under Xiangxi autonomous prefecture government Notification on budgets of the third batch and the fourth batch of land development projects in 2009

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I. I, PROJECT BRIEFING AND PROJECT PROGRESS

1.1 Project Background

Guzhang-Baojing highway construction project is a local road project under the

ADB financed Hunan Roads Development III project, totaling 42.869km. It will improve no class road into class III road. The project is located in Guzhang county and Baojing county in the west of Hunan province which were determined as national poverty alleviation counties in 2001. The project construction will improve the traffic condition of this area, further promote the local industrial and agricultural production, pace up the poverty alleviation in this area, increase the benefit of the minorities. In January 2002, the communications departments in

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Guzhang county and Baojing county made the feasibility study of the project.

Hunan Provincial Development and Reform Commission issued the Approval to the Feasibility Study Report of Guzhang–Baojing Highway Project in June, 2005.

In January, 2007, Hunan Provincial Department of Communications carried out the examination for the project and issued the Approval to the Preliminary Design of Guzhang–Baojing Highway Project. In September, 2008, Hunan Provincial

Department of Communications carried out the examination for the project and issued the Approval to the Detailed Design of Construction Drawing of Guzhang–

Baojing Highway. In July, 2008, the approval for the environmental impact report table was passed. Currently, the project is under construction and is scheduled to be completed in December 2011.

!.2 Project description

Guzhang–Baojing Highway starts at Wangcun bridge of Guzhang county, ends at

Baojin county, crossing the two counties of Guzhang and Baojin. For the section within Guzhang county, the highway is designed as class III with the vehicle axle load of highway class II and design speed of 30 km/hour. The biggest longitudinal slope is 8%, the smallest plane curve radius is 30.5meter, with subgrade width of

7.5 meter and pavement width of 6.5meter. The pavement is C35 cement concrete with thickness of 24 centimeter. In Guzhang county, 2 big bridges are designed which are Hexi big bridge and Guangtanghe bridge, and 1 medium bridge of Zuolongxia birdge is designed, with net deck width of 7 meter. The highway then passes Hongshilin village and Duanlong village, entering Baojin

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county, crossing Yangchao village and Meihua village, where it connects the road

G209. From the point of view of resettlement plan, 2 townships of Hongshilin town and Duanlong village in Guzhang county and 1 township of Yangchao village in Baojing county will be affected when the project construction started along the whole alignment. The topographical characteristics is mountainous heavy hilly region.

2 Project progress

The length of Guzhang–Baojing Highway totals 42.869km, of which: the length of the highway within the border of Guzhang County is 25.575km divided into A1 and A2 packages and that within the border of Baojing County is 17.294km, divided into A3 and A4 packages. Until 15 October 2010, A4 package is not yet started.

Zhejiang Liyue road and bridge construction corporation is responsible for the construction of A1 section of Guzhang–Baojing Highway Project with the project manager of Wang Ting. The total length is 10.61km. Until 15 October 2010, Sub- grade earthwork excavation with a volume of 88725m3 has been completed, taking up 92% of the design volume, 96361 m3. Sub-grade stonework excavation with a volume of 126873 m3 has been completed, taking up 93% of the design volume, 136462 m3. The retaining wall has been completed. The Hexi bridge abutment body in Baojin county has been built. The checking computation of bearing capacity and the reinforcement treatment plan of Berei steel arching have been evaluated. The Berei steel arching is being reinforced. For Zuolongxi

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medium bridge, the main arch ring, crosswall, spandrel arch have been completed. For Guangtanghe big bridge, the tower crane is being built and the stone material is being prepared. The abutment construction is being prepared.

JInguangdao construction engineering corporation is responsible for the construction of A2 section of Guzhang–Baojing Highway Project with the project manager of Zhou Lou. The total length is 14.85km. Until 15 October 2010, the sub-grade earthwork excavation with a volume of 37650 m3 has been completed, taking up 56% of the design volume of 67240 m3. Sub-grade stonework excavation with a volume of 54572m3 has been completed, taking up 58% of the design volume of 94090m3. And the retaining wall masonry with a volume of

20593m3 has been completed, taking up 86% of the design volume of 24096.4 m3.

Zhejiang Liyue road and bridge construction corporation is responsible for the construction of A3 section of Guzhang–Baojing Highway Project with the project manager of Wang Baicheng . Until 15 October 2010, the sub-grade earthwork and stonework excavation with a volume of 36884 m3 has been completed. The subgrade of K26+895—K30+830 has been accepted. The protection engineering of 8250 m3 have been completed, the bridge foundation of 552.49 m3 have been completed, and the bridge substructure of 293.38 m3 have been completed, the superstructure of 1645 m3 have been completed, 459.45 meter/38 culverts have been completed.

II. Resettlement Plan briefing and resettlement monitoring background

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The Resettlement plan on Guzhang–Baojing highway under Hunan Roads

Development III Project was worked out in Novermber 2008 by Guzhang–Baojing

Highway Construction Co.,Ltd., Guzhang county and Guzhang–Baojing Highway

Construction Co.,Ltd.,, Baojing County together with local resettlement experts. It is based on the detailed design of the project and is reliable. The draft resettlement plan has been reviewed by affected townships and ADB, their comments were included in the Resettlement plan. After the approval of the

Resettlement plan by ADB, the project executing companies are responsible for implementing the resettlement plan.

According to the Resettlement plan on Guzhang–Baojing highway under Hunan

Roads Development III Project and the requirements of ADB, for ensuring the land requisition and resettlement plan to be implemented totally according to requirements, during the project construction, the internal monitoring and external monitoring shall be done on implementation of resettlement plan. The external monitoring shall be done every half year and be submitted to ADB. ADB will have mid-term and project completion inspection on the implementation of resettlement plan. In October 2010, Guzhang–Baojing Highway Construction Co.,Ltd.,

Guzhang county and Guzhang–Baojing Highway Construction Co.,Ltd.,, Baojing

County consigned Jishou University as an independent evaluation and monitoring institute to do the external monitoring and evaluation of the resettlement plan.

III. Resettlement plan implementation

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The project executing agencies are Guzhang–Baojing Highway Construction

Co.,Ltd., Guzhang county and Guzhang–Baojing Highway Construction Co.,Ltd.,,

Baojing County, which are separately under the jurisdiction of Guzhang county government and Baojing county government. They are responsible for the project execution and implementation and coordination of land requisition and resettlement. The corresponding resettlement organizations are set up in

Guzhang county and Baojing county.

In the resettlement plan, the total cost is 18613872 yuan FMB, among which the total cost of dismantling is 3212138 yuan RMB, taxation being 3128844 yuan

RMB. The permanent land requisition in Guzhang county and Baojing county totals 581.334 mu, total cost for land requisition is12272890 yuan RMB, among which land compensation cost of 3739752 yuan RMB, resettlement compensation cost of 6264646 yuan RMB, young crop compensation cost of 1876916 yuan

RMB, scattered trees compensation cost of 67098.08 yuan RMB. There are 34.8 mu temporarily-used land, 45% of permanently land requisition are arable land.

2865 persons lose part of the existing land use rights. 88 households need to dismantle the house in the countryside. No school, hospital, factory and mines need to be moved.

For Guzhang county, 434.514 mu lands are requisitioned, among which 27.8 mu lands are for temporary use. 560 households are affected by land requisition. 79 households need to dismantle the house. For electrical and communications wires dismantling, 4.88km electrical wires need to be dismantled, 2.25km

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communication wires need to be dismantled. 104 tombs need to be moved. For temporary facilities, 1574km canals need to be restored temporarily, 31 pipes of drinking water for people’s living need to restored temporarily, 261m pipes of drinking water need to be set up. For the compensation cost of land requisition and resettlement in Guzhang county, the total resettlement cost is 13903812.99 yuan RMB, among which land requisition cost of 9865917.99 yuan RMB, resettlement cost of 2691439.00 yuan RMB, taxation of 1346456 yuan RMB.

For Baojing county, 146.82 mu land are requisitioned, affecting 155 households, among which 7 mu temporarily-used land. For house dismantling, 9 households need to dismantle the houses and annexes, the new houses are basically completed. For electrical and communications wires, 7.40km of electrical wires need to be dismantled, 0.75km of communications wires need to be dismantled.

22 tombs need to be moved. For the compensation cost of land requisition and resettlement in Baojing county, the total resettlement cost is 4710059 yuan RMB, among which land requisition cost of 2406972 yuan RMB, resettlement cost of

520699 yuan RMB, taxation of 1782388 yuan RMB.

IV. Organizations

4.1 Resettlement organization

Figure 1 Organizations for Land Requisition and Resettlement

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Hunan Provincial Communications Department

Prefecture coordination Leader Group Xiangxi Prefecture Communications Bureau

Guzhang County Construction Baojing County Construction Headquarter Headquarter for Guzhang-Baojing for Guzhang-Baojing Road Road

Guzhang County Guzhang- Baojing County Guzhang- Baojing Road Baojing Road External Construction&Devp company Construction&Devp Supervision Institution County Resettlement Office Jishou University County Resettlement Office

2 village/township resettlement office 1 village/township resettlement office

12 villages committee 3 villages committee

(i)

(ii)

Hunan Provincial Department of Communications (HPDC) is responsible for the implementation of the project on behalf of Hunan Provincial People’s Government, and the Project Office under HPDC is in charge of the coordination and contact 14

with all the related units and Asian Development Bank. The implementing agencies (IA) for this Guzhang-Baojing Road subproject are the Guzhang County

Construction Company Limited and the Baojing County Construction Company

Limited, which are respectively under the jurisdiction of Guzhang County People’s

Government and Baojing County People’s Government. They are responsible for execution and implementation of the project and the coordination for land acquisition and relocation. The IA of each project will establish a resettlement office with 4 to 5 members, and similar offices will also be formed in both counties, which will be led by a county leader who is followed by 5 to 6 members from such departments as communications, land & resource, environment protection, forestry department, usually one person from each department; related county or town will appoint four members in charge of the resettlement. Under the leadership and guide of the Coordination Leading Group of Xiangxi Autonomous

Prefecture, related organizations are established with clear responsibility. Figure

1 shows the organization framework.

4.1.1 Organization in Guzhang county

(1) Guzhang county Guzhang-Baojing highway construction headquarter, leader:

Yang Yanfang

(2) Guzhang county Guzhang-Baojing highway construction and development company, director: Shi Jinfeng

(3) County resettlement office:

Person in charge for land requisition, director: Shi Jinfeng

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Person in charge for resettlement: deputy director: Xiang Bangwen

(4) 2 township/village resettlement office:

Person in charge in Hong Shilin town: Li Jun, Tian Jibin, Hu Guangqing

Person in charge in Duanlongshan village: Ao Jinyao, Tian Kaifeng, Xiang Deyan

(5) 12 village committee

Village committee responsible Village committee responsible Henan Peng Nanhai Baojilie Tian Hongqin Hexi Wang Keyu Tianjiadong Tian Hongshuang Longtianping Luo Xiaoming Xiqiha Xiang Naigui Xianfeng Peng Menghuzhou Xiang Hanlin Shaozhong Qietong Tian Kaiming Xinong Li Deshen Tiemazhou Peng Yingshun MIduo Xiang gongshun Shangjiazhou Peng Tuxin Baixi Song Xinnan

4.1.2 Organization in Baojing county

(1) Baojing county Guzhang-Baojing highway construction headquarter, leader:

Xiang Zhixue

(2) Baojing county Guzhang-Baojing highway construction and development company, director: Li Guanqun

(3) County resettlement office:

Person in charge: Xiang Guosong, Liang Yiming, Peng Kailu, Zhou Jin

(4) 1 township/village resettlement office:

Person in charge in Yangchao village: Zhang Jun, Xiang Yong, Tian Hua

(5) 3 village committee 16

Person in charge in Puji village: Peng Qinbai

Person in charge in Xizhou village: Zeng Qinguo

Person in charge in Yangchao village: Huang Zhangxue

4.1.3 External monitoring agency

Institute of Biological Resources and Environmental Science, Jishou University

Person in charge:Hu Wenyong

Members of experts:: Hu Wenyong, Zhuang Dachun, Shi Kai, Chen Gongxi,

Chen Yiguang, He Zeqiang, Liu Chunqiong, Qu Zhouxin, Yuan Zhizhong, Su Yin,

Yi Langbo, Huang Xiong, Xiongli

4.2 Responsibilities

1. 4.2.1 Responsibilities of Coordination Leading Group

(Prefecture Communications Bureau) of Xiangxi Autonomous

Prefecture

The main responsibilities of the Coordination Leading Group of Xiangxi

Autonomous Prefecture are as follows:

On behalf of Hunan People’s Government, examine and approve related migrant resettlement policy, and organize & coordinate relations among migrant organization at all levels; organize and coordinate the compilation and implementation of this Resettlement Plan; direct, coordinate and supervise the migrant resettlement implementation activities and their progress; deal with relevant appeal and reply as quickly as possible.

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2. 4.2.2 Responsibilities of County Road Construction

Headquarters

It is in charge of formulating policies of resettlement activity, organizing and coordinating relations between resettlement organizations at all levels, and supervising as well as examining the payment and application of resettlement compensation.

4.2.3 Responsibilities of Resettlement Office of Guzhang county

Guzhang-Baojing highway construction and development company

and Baojing county Guzhang-Baojing highway construction and

development company

The Resettlement Office of Guzhang county Guzhang-Baojing highway construction and development company and Baojing county Guzhang-Baojing highway construction and development company are chiefly responsible for the compilation and implementation of Resettlement Plan. Details are as follows:

Organize and coordinate land requisition and resettlement work, payment of compensation fee and sign an agreement of resettlement with County

Resettlement and Coordination Office; survey and research resettlement work, take advice of coherent units and individuals, handle pertinent appeal & complain and give reply as quickly as possible; In charge of the management, allocation and supervision of resettlement funds; preside over and inspect internal monitoring activity, and take charge of compiling progress report of land requisition and resettlement; determine external monitoring mechanism and

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support external monitoring activity.

3. 4.2.4 Responsibilities of County Resettlement Office

The County Resettlement Office is mainly in charge of the implementation and supervision of land requisition and resettlement work. The main responsibilities are as follows: according to the depositions and requirements of Guzhang county

Guzhang-Baojing highway construction and development company and Baojing county Guzhang-Baojing highway construction and development company, check the quantity of relevant land, houses, and infrastructure; evaluate the values of relocated land and houses and determine the compensation standards; sign an agreement of land requisition and resettlement with the relocated unit and individual; pay compensation fees to related unit and individual; supervise and check the payment and application of compensation; supervise the implementation status of Resettlement Plan in towns and villages; report regularly the resettlement status to the Land Requisition and Resettlement Office of the project executing agencies, and submit relevant statistics and report forms on request.

4. 4.2.5 Responsibilities of Township (Town) Resettlement

Offices

The responsibilities of Township (Town) Resettlement Offices are as follows:

Investigate, supervise and record the resettlement work of this township (town); inspect the recovery situation of land requisition, house relocation and infrastructure; examine training and employment status. 19

5. 4.2.4 Responsibilities of Villagers’ Committees

The responsibilities of villagers’ committees and villagers’ groups are as follows:

Report: the quantity of land requisition; the ownership of land, house and so on; the situation of population and land, participate in the on-the-spot investigation; help households select resettlement place and construct new house; deal with appeal issues; supervise and report resettlement progress.

4.2.7 Internal Monitoring

During the project construction, Guzhang county Guzhang-Baojing highway construction and development company and Baojing county Guzhang-Baojing highway construction and development company will be in charge of the overall monitoring and inspection of the project. The inspection will be on the following issues: (1) payment of compensation fee; (2) house/buildings dismantling and rebuilding; (3) dealing with appeal issues; (4) income restoration and training plan;

(5) support to vulnerable groups.

4.2.8 External Monitoring

The project executing agencies have consigned Jishou University as external monitoring agency, with the aim of external monitoring and evaluation as follows:

(1) evaluate the efficiency, result, influence (including the behavior reaction of

resettlement people) and the work continuity of land requisition and

resettlement; if there is any problem, analysis shall be done and the feasible

solution measures shall be suggested to the project executing agencies; (2)

determine whether the welfare of the resettlement people is restored and

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maintained after the land requisition and resettlement; if the welfare is not

restored or maintained, the reasons shall be found out and the solutions shall

be suggested.

V. Land Requisition

The project is to widen the existing road from 3.5m to 7.5m, so it is unavoidable for land requisition and resettlement. Usually only one side of the existing road will be chosen for road widening, very seldom sections will be straightened by cutting off the original curved sections. During alignment design, the existing road passing the towns is changed to bypass the towns so as to reduce the land requisition and resettlement, especially the public service facilities such as hospital, schools are avoided so as to reduce the project cost.

5.1 Land requisition in Guzhang county

The land requisition is basically completed in Hongshilin town and Duanlong village of Guzhang county. Totally 434.514 mu land are requisitioned among which 27.8 mu land of temporary use. The summary table on land requisition in

Hongshilin town and Duanlong village is shown in table 1, the summary table on types of land requisition is shown in table 2. 560 households in Guzhang county are affected by land requisition, among which 244 households in Hongshilin town and 316 households in Duanlong village. For the house dismantling, 79 households are affected in Hongshilin town and Duanlong village, among which 8 households in Hongshilin town and 71 households in Duanlong village. 48 buildings need to be dismantled, among which 13 buildings are dismantled in

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Hongshilin village, and 35 buildings need to be dismantled in Duanlong village, among which 32 houses are dismantled, and 3 houses are being persuaded.

Table 1 Summary table on statistics of land requisition in Guzhang county

Hongshilin town Duanlong village villages mu village mu Henan 80.698 Menghuzhou 34.232 Hexi 13.195 Xilong 21.68 Longtianping 6.438 Miduo 23.679 Xianfeng 60.9557 Tianjiadong 25.65 Qietong 67.1233 Xijiha 15.609 Tiemazhou 18.792 Baowulie 3.41 / / Shangjia 34.444 / / Baixi 28.608 subtotal 247.202 subtotal 187.312 total 434.514

Table 2 Summary table on types of land requisition

townships Hongshilin town Duanlong village total types Dry land(mu) 18.539 33.811 52.35 paddy(mu) 93.898 44.461 138.359 Tea garden(mu) 0 0.31 0.31 orchard(mu) 75.038 20.93 95.968 timberland(mu) 32.722 46.792 79.514 Economic forest(mu) 6.042 23.718 29.76 shrubbery(mu) 6.18 0 6.18 Waste land(mu) 8.758 2.9 11.658 House site(mu) 3.819 11.928 15.747 canal(mu) 0.206 0.42 0.626 Countryside road(mu) 2 2.042 4.042 total(mu) 247.202 187.312 434.514

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For the electrical and communication wires dismantling, 4.88km of electrical wires and 2.25km of communications wires are dismantled. 104 tombs are removed, among which 58 tombs in Hongshilin town and 46 tombs in Duanlong village. For temporary facilities, 1574m of canals are temporarily restored, 31 pipes for living water drinking with 261m long are temporarily restored. The production and living of the people and the units along the alignment are not affected greatly by the project.

5.2 Land requisition in Baojing county

The land requisition is basically completed in Yangchao village of Baojing county.

Totally 146.82 mu land are requisitioned among which 7 mu land of temporary use. The summary table on land requisition and on types of land requisition in

Yangchao village is shown in table 3 and table 4. Altogether 155 households are affected by land requisition, among which 118 households in Puji village, 34 households in Xizhou village, 3 households in Yangchao village. For the house and annexes dismantling, 9 households are affected and new houses are basically completed. For the electrical and communication wires dismantling,

7.40km of electrical wires and 0.75km of communications wires are dismantled.

The tombs are all removed. Altogether 22 tombs are removed, among which 21 tombs in Puji village and 1 tomb in Xizhou village.

Table 3 Summary table on statistics of land requisition in Baojing county

Yangchao village village mu

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Puji 135.03 Xizhou 5.03 Yangchao 0.57 Baixiguan big 6.19 brige total 146.82

Table 4 Summary table on types of land requisition in Baojing county townships Hongshilin town types Dry land(mu) 38.26 paddy(mu) 28.11 Tea garden(mu) 6 orchard(mu) 10 timberland(mu) 18.41 Economic forest(mu) 16.15 shrubbery(mu) 17.39 Waste land(mu) 0.97 House site(mu) 1.27 canal(mu) 2.26 Countryside road(mu) 8 total(mu) 146.82

6. Compensation for land requisition and resettlement

6.1 Compensation standard for land requisition and resettlement

The laws and regulations of China and the ADB’s policies and requirements are taken into consideration in making the compensation and resettlement policies to migrants in the project area. The main objective of the arrangement for relocation household is to recover the income and standard of living of the people influenced by resettlement, and to avoid disruption of their existing socio-

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economic environment as far as possible. Special attentions are paid to the requirements of poor people, minorities and vulnerable groups.

According to the "Law of Land Administration of the People's Republic of China",

"Regulations on the Implementation of the Land Administration Law of the

People’s Republic of China", “Hunan Provincial Decree on Land Administration

Law of the People’s Republic of China”, “Hunan Provincial Government

Administration Department’s Notification on Issuing the yearly output value standard on land requisition in Hunan Province (XIANGZHENGBANFA (2005)

No.47)”, “Xiangxi Autonomous Prefecture Government’s land requisition and resettlement method ZHOUZHENGFA (2003) No. 5)”, “Xiangxi Autonomous

Prefecture Government’s Executive meeting summary No.14 (03), based on the detailed situation, the corresponding compensation standard are put forward after the full consultation among Guzhang county Guzhang-Baojing highway construction and development company, Baojing county Guzhang-Baojing highway construction and development company, Xiangxi Autononous Prefecture

Communications design institute, local township and village government and local villagers. For Baojing county, Baojing county government document of issuing the notification on compensation plan for land requisition and resettlement of Guzhang-Baojing highway BAOZHENGFA (2009) No.5 will be implemented, for Guzhang county, Guzhang county government document of issuing the notification on compensation plan for land requisition and resettlement of Guzhang-Baojing highway GUZHENGFA (2009) No.7 will be

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implemented. Details are shown in appendix 1 and 2.

6.2 Compensation for land requisition and resettlement in Guzhang county

Until October 2010, the total cost of resettlement for Guzhang-Baojing highway

construction in Guzhang county is 13903812.99 yuan, among which land

requisition cost of 9865917.99 yuan, land compensation cost of 3247747.20 yuan,

resettlement compensation cost of 5190910.60 yuan, young crops compensation

cost of 1427260.19 yuan, the details are shown in table 5. The total cost for

dismantling is 2691439.00 yuan, the cost for dismantling the houses and

annexes is 2452306.00 yuan, summary on compensation for house dismantling

in different villages is shown in table 6. The cost for tomb removal is 86500.00

yuan, the cost for cistern dismantling is 47500.00 yuan, the cost for electrical

facilities dismantling is 33133.00 yuan, the cost for communications facilities

dismantling is 68000.00 yuan, the cost for broadcast facilities dismantling is

4000.00 yuan, Among the taxation, the tax for arable land occupation is

575710.00 yuan, forest restoration fee is 128700.00 yuan, arable land

development fee is 426160.00 yuan, land use management fee is 215886.00

yuan.

Table 5 Summary table on statistics of land requisition compensation in Guzhang county

Land Resettlement 10% to Young Scattered Town- compen- compen- crops Trees Total villages mu village ships sation sation compen- compen (yuan) (yuan) (yuan) (yuan) sation -sation 26

(yuan) ( yuan ) Henan 80.698 591805.35 60672.25 1021375.8 382075.89 3435 2001172 Hong Hexi 13.195 149802.27 12411.75 206862.62 31375 0 400451.64 Shi Long- 6.438 50683.56 4520.26 75235.64 30640.73 0 161080.19 tianping lin Xianfeng 60.9557 312778.15 40518.63 603886.37 220242.36 2769 1180194.5 Town Qietong 67.1233 483253.45 59450.35 914953.77 235772.34 5943.64 1699373.6 Tiema- 18.792 114592.86 11727.53 194703.4 49864.59 1205 372093.38 zhou subtotal 247.202 1702915.64 189300.77 3017017.58 949970.91 13352.64 5872557.5 Menghu- 34.232 221323.95 25777.67 395761.9 78445.35 12386.92 763695.79 zhou Xilong 21.68 147517.7 19256.33 298138.59 43746.91 1929.2 510588.73 Miduo 23.679 145207.61 13890.26 269849.89 41409.44 6426.03 476783.23 Duan Tianjia- 25.65 169456.05 16512.5 274575.1 39800.82 4196.8 504541.27 dong Long Xiduoha 15.609 103064.42 10317.97 174853.56 42164.52 7838.99 338239.46 village Baowulie 3.41 43573.65 1507.5 27256.32 8157.66 442 80937.13 Shangjia 34.444 202906.94 25110.24 387217.02 98722.2 3142.5 717098.9 Baixi 28.608 187302.77 22805.23 346240.64 75127.3 0 631475.94 subtotal 187.312 1220353.09 135177.7 2173893 427574.2 36362.44 4023360.5 total 434.514 2923268.73 324478.5 5190911 1377545 49715.08 9865917.9

Table 6 Summary on statistics of house dismantling in Guzhang county

village household amount (yuan) Hongshilin Henan 2 62083 town Hexi 0 0 Longtianping 1 31042 Xianfeng 3 93125 Qietong 1 28998 Tiemazhou 1 30154 subtotal 8 245402 Menghuzhou 1 32142 Xilong 2 61042

MIduo 32 994847

Duanlong Tianjiadong 31 962302 village Xijiha 1 29481 Baowulie 1 31254 Shangjia 1 34521 Baixi 2 64321

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total 71 2209910 total 79 2452306.00

6.3 Compensation for land requisition and resettlement in Baojing county

The total cost of resettlement for Guzhang-Baojing highway construction in

Baojing county is 4710059 yuan, among which land requisition cost of 2406972 yuan, land compensation cost of 816483 yuan, resettlement compensation cost of 1073735 yuan, young crops compensation cost of 516754 yuan, the details for

Yangchao village are shown in table 7. The total cost for dismantling is 520699 yuan, the cost for dismantling the houses and annexes is 381014 yuan, the summary on compensation for house dismantling in different towns is shown in table 8. The compensation for tomb removal is 20800 yuan, the cost for dismantling cisterns is 4486 yuan, the cost for dismantling electrical facilities is

50399 yuan, the cost for communications facilities dismantling is 24000 yuan, the cost for archeology excavation is 40000 yuan. Among the taxation of 1782388 yuan, the tax for arable land occupation is 259834.00 yuan, forest restoration fee is 390861 yuan, arable land development fee is 896653 yuan, land use management fee is 235040 yuan.

Table 7 Summary on compensation for land requisition

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in Baojing county

Resettle Young Scattered Land 10% to -ment crops trees compen total county village village mu village compen compen compen -sation (yuan) (yuan) sation -sation -sation (yuan) (yuan) (yuan) (yuan) Yang- Puji 135.03 752802 75279 972096 497766 16030 2238694 Bao- jing chao Xizhou 5.03 28336 2696 44940 1605 1353 76234 Yangchao 0.57 5215 521 8692 0 0 13907 Baixiguan big bridge (land 6.19 30130 3013 48007 381884 0 78137 requisition in Guzhang county) Total 146.82 816483 81648 1073735 499371 17383 2406972

Table 8 Summary on statistics of compensation for house dismantling in Baojing county village household amount Yangchao (yuan) village Puji 9 311321.1 Xizhou 0 0 Yangchao 0 0 total 9 311321.1

6.4 General situation of compensation for land requisition and resettlement

in Guzhang county and Baojing county

Totally 581.334 mu land are requisitioned in Guzhang county and Baojing county,

with the total cost of resettlement of 18613872 yuan, among which the

dismantling cost of 3212138 yuan, taxation of 3128844 yuan, the total cost of

land requisition is 12272890 yuan. The summary on compensation of land

requisition in Guzhang county and Baojing county is shown in table 9. The

summary on resettlement cost is shown in table 10.

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Table 9 Summary on land requisition compensation

In Guzhang county and Baojing county

Scattered Young Land Resettlement trees 10% to crops compen compen- compen Total counties mu village compen -sation fee Sation fee -sation (yuan) (yuan) -sation fee (yuan) (yuan) fee (yuan) (yuan) Guzhang 434.514 2923268.78 324478.47 5190910.6 1377545.11 49715.08 9865917.99

Baojing 146.82 816483 81648 1073735 499371 17383 2406972

total 581.334 3739752 406126.5 6264646 1876916 67098.08 12272890

Table 10 Summary of resettlement cost

counties Baojing Guzhang total (yuan) (yuan) (yuan) types of cost

Land compensation 816483 3247747.20 Land requisition fee 12272890 cost Young crops 516754 1427260.19 compensation fee Resettlement 1073735 5190910.60 compensation fee subtotal 2406972 9865917.99 Dismanting houses 381014 2452306 3212138 and annexes Tomb removal 20800 86500 Dismantling cost Dismantling cisternms 4486 47500 Dismantling electrical 50399 33133 facilities Dismantling 24000 68000 communications facilities Dismantling 0 4000 broadcast facilities Cost for archeology 40000 0 excation 30

subtotal 520699 2691439 Tax for occupation of 259834 575710 arable land 3128844 taxation Tax for forest 390861 128700 restoration Arable land 896653 426160 development fee Land use 235040 215886 management fee Subtotal 1782388 1346456 Total of resettlement cost 18613872

6.5 Rebuilding of dismantled houses

79 households are affected by house dismantling in Guzhang county, among which 14 households need to dismantle the main building of the houses, other households need to dismantle the side house, byre, hogpen, fence, yard. 9 households are affected by house dismantling in Baojing county, among which 2 households need to dismantle the main building of the houses, other households need to dismantle the annexes. For those households dismantling the main building of the house, the new house site near their original house will be given according to their wish after the coordination among the resettlement office and village committee, and the new houses construction will be monitored. After they moved in the new house, the old house would be dismantled afterwards. At present, all the new houses are rebuilt. Other resettlement households (their old houses are not for living purpose) have received the house dismantling fee and will build new houses in their own cost, they are voluntary to dismantle the annexes of houses.

6.6 Re-employment plan of peasants

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Although the land compensation fee are paid to individuals, the peasants shall be responsible of re-employment by themselves, the local governments have developed a series of training plan concerning the peasants re-employment. The unemployed peasants can choose the interesting training program by themselves.

The training cost will be paid directly to the training agencies such as agricultural department, women association, labor department, etc. The peasants participating in the training when leaving the village will receive the allowance, the interested women can also participate in the training.

For vulnerable families, besides the government’s salvation, the vulnerable families which need urgent support will receive a great direct support, including the relief fund. Special attention will be paid to the minorities families.

A large amount of temporary labor is needed for the project construction. Local peasants are willing to do this kind of job which can improve their income and can help them restore their living standard.

6.7 Compensation for arable land

To balance the occupation and supplement of arable land in Xiangxi Autonomous

Prefecture and to ensure the smooth approval of the projects needing the arable land occupation, the National land bureau under Xiangxi autonomous prefecture government had issued the document ZHOUGUOTUZIHAN (2009) No.35

(Notification on budgets of the third batch and the fourth batch of land development projects in 2009). The newly-increased arable land in Baojing

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county is 25.5 hectare, with the total investment of 1.53 million yuan, details

shown in table 11. In addition, the National land bureau under Xiangxi

autonomous prefecture government had issued the document ZHOUGUOTU

(2010) No.44 (Notification on budgets of the projects for balancing the occupation

and supplement of arable land (the first batch) in 2010). The newly-increased

arable land in Guzhang county is 30 hectare, with the total investment of 2.2725

million yuan, details shown in table 12.

Table 11 Budgets indices explanation of the third batch and the fourth batch of land development projects

in 2009 in Xiangxi Autonomous Prefecture

Increased Investment budget(ten thousand yuan) scale arable Other cost Project Approval Total Engineer- (hec- land Contin- Pre- name document invest- Ing Sub- Super- tare) (hect- gencies Para- employercompletion ment construction total vision are) tion Land development project of Hangjii ZHOUGUOTU- village, 38.18 25.5 ZIHAN [2009] 153.00 131.17 3.00 18.83 9.33 2.62 2.94 3.94 Hangsha No.22 township, Baojing county

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Table 12 Budgets indices explanation of the projects for balancing the occupation and supplement of arable land (the first batch) in 2010 in Xiangxi Autonomous Prefecture

Increased Investment budget(ten thousand yuan) arable Other cost scale Engineer- Total Allowance Prject name land Ing Contin- Pre- (hectare) invest- for arable Sub- Super- Comple- gencies Para- employer (hect- ment construc- land total vision tion tion tion are))) Land development project of Wangtianpo, 64.49 48.93 370.64295.75 6.76 25.69 42.44 21.03 5.91 6.63 8.87 Hangsha village,Baojing county Land development project of 40 30 227.25 181.33 4.15 15.75 26.02 12.89 3.63 4.06 5.44 Aojiahu, Luoyixi town, Guzhang county

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6.

VII. Public consultation

Priorities are made to the following two categories during public consultation for resettlement of the project:

1. Affected people, mainly the living people and peasants affected in different

townships by land requisition and resettlement of the project;

2. Local concerned units, mainly the township governments and village committees.

The public consultation methods include: talking with the people, documents reading, filling in the form of public consultation.

After talking with the local people, the information are collected such as compensation of the land requisition and resettlement for the affected people, the living standard and income affected and improved by the project, the questions and problems in the resettlement. After talking with the concerned units, the general situation of land requisition of the units is known. The overall and objective analysis is done to the protection of legal rights of the people and the units affected by the project.

The real situation is found out by reading the documents such as the agreement on compensation of land requisition in the hand of the affected people and comparing the above-mentioned agreements with the documents in the resettlement office of the

Employer.

Two kinds of forms are planned to the two categories for public consultation (Appendix form 1 and 2). Appendix form 1 is the Resettlement public consultation form for the

affected people, Appendix Form 2 is Resettlement public consultation form for the affected units.

Altogether 50 Resettlement public consultation forms for the affected people are delivered to each peasant household, which account for 56.8% of the total affected households (88 households) and 30 valid forms are collected, among which the satisfactory rate reaching 65.6%, basic satisfactory rate reaching 100%.

Altogether 13 Resettlement public consultation forms for the affected units are delivered to different townships, and 13 valid forms are collected, among which the satisfactory rate reaching 61.5%, basic satisfactory rate reaching 100%.

The problems occurred in the land requisition and resettlement and suggested solutions are as follows:

1. In March 2008, the red line is determined for the project and the people affected by land requisition is already determined. The project is delayed because of many reasons, the destroyed road caused by project construction had great influence to the local people’s traffic. The local people and units wish the early completion of the project and early opening to traffic, they hope that the Employer and construction companies will pace up the engineering. The Employer has promised to complete the whole project before the end of 2011.

2. According to the “Resettlement plan of Guzhang-Baojing highway under Hunan

Roads Development III project” compiled in May 2009, the compensation standard for land requisition is relatively low compared with the standard in other expressway projects and local people have dissent on this. So the local government had public hearing for this subject and adjusted the compensation standard for land requisition after

considering the benefits of the affected people. In Guzhang county, the compensation standard will be implemented according to Guzhang county Government’s document of

“Land requisition and resettlement compensation plan for Guzhang-Baojing highway”, in

Baojing county, the compensation standard will be implementated according to Baojing county Government’s document of “Land requisition and resettlement compensation plan for Guzhang-Baojing highway”. The economic compensation amount for peasant households and concerned units is increased and the people are basically satisfied.

3. During the land requisition and resettlement, the stipulated procedures and standard are implemented generally according to the “Resettlement plan of Guzhang-Baojing highway under Hunan Roads Development III project”. The majority of peasants households and townships support the project construction and the resettlement and are satisfied with the compensation amount and the resettlement. But some difficulties are encountered during tomb removal. Several households are unwilling to remove their tombs. The working people from the resettlement office of the project visited these households many times and persuaded them patiently many times, the new alignment was even considered. At last, these households are touched by the sincerity and carefulness of the people from the resettlement office and they removed the tombs.

4. One household in Hexi village, Hongshilin town, Guzhang county is only 5 meter from the highway project. The project construction and the noise pollution after the project completion will affect his living, so it is suggested to have resettlement to this household.

The resettlement office persuaded him many times, but this household is unwilling to relocate. At last, the resettlement office respect his own willingness and this household is not relocatede.

5. During project construction, the blasted stones destroyed the crops and trees many times. The Employer’s resettlement office coordinated and the construction companies made compensations.

6. During project construction, the drainage canals were destroyed. Before they were restored, the young crops in the nearby farmland were destroyed many times by heavy rain. The Employer had made compensation to young crops based on fair consultation.

VIII. Conclusion

The Guzhang-Baojing highway totals 42.869km, for the section within Guzhang county, it is divided into A1 and A2 contracts, and for the section within Baojing county, it is divided into A3 and A4 contracts. Until 15 October 2010, the construction of A1, A2 and

A3 contracts were started, the subgrades are basically completed. A4 contract construction is not yet started.

Until 15 October 2010, altogether 581.334 mu land are permanently requisitioned in

Guzhang county and Baojing county by Guzhang county Guzhang-Baojing highway construction company and Baojing county Guzhang-Baojing highway construction company, among which 34.8 mu of temporary land. The total resettlement cost is

18613872 yuan, among which total compensation cost for land requisition is 12272890 yuan, total dismantling cost of 3212138 yuan, taxation of 3128844 yuan,. About 45% of permanent land requisition is arable land, 2865 persons lose part of the existing land use right, 88 households need to dismantle the houses in the countryside. No school, hospital, factory and mines need to be removed. For Guzhang county, 434.514 mu land are requisitioned, among which 27.8 mu land of temporary use. 560 households are affected by land requisition, 79 households need to dismantle the houses. For Baojing

county, 146.82 mu land are requisitioned, among which 7 mu land of temporary use.

155 households are affected by land requisition. 9 households are affected by house and annexes dismantling, and the new houses are basically completed.

The local governments have developed a series of training plan concerning the peasants re-employment affected by the project. The unemployed peasants can choose the interesting training program by themselves. And also the National Land Bureau had issued the document to increase the new arable land in Baojing county and Guzhang county to balance the occupation and supplement of arable land so as to ensure the approval of projects needing the occupation of arable land. These measures can ensure the restoration and maintaining of living standard of the people after the land requisition and resettlement of the project, and no substantial disadvantageous influence are brought by the project.

There exist some problems during the implementation of the “Resettlement plan of

Guzhang-Baojing highway under Hunan Roads Development III project”, for example, some people think the compensation standard is too low for land requisition, some peasant households are unwilling to remove the tombs. These problems are basically resolved after the repeated adjustment and patient persuading by working people. The public consultations further show that the inhabitants and units affected by the project are basically satisfactory with the land requisition and resettlement of the project.

Therefore the land requisition and resettlemenf of Guzhang-Baojing highway project is in line with the “Resettlement plan of Guzhang-Baojing highway under Hunan Roads

Development III project” until 15 October 2010 generally.