RESETTLEMENT PLAN FOR QUNLI DYKE CORE SUBPROJECT

HARBIN CITY, HEILONGJIANG PROVINCE

HEILONGJIANG PROVINCIAL PROJECT OFFICE

November 2001

THIS IS NOT A BOARD APPROVED DOCUMENT. SONGHUA RIVER FLOOD MANAGEMENT SECTOR PROJECT QUNLI DIKE RESETTLEMENT PLAN

CONTENTS

1. GENERAL SITUATION OF THE PROJECT ...... 1 1.1 Brief Description of the Project...... 1 1.2 Affected and Benefited Area...... 1 1.3 Measures for Reducing Impacts of the Project...... 2 1.4 Design Process ...... 3 1.5 Proprietorship and Institutional Framework of the Project...... 4 1.6 Preparation of Resettlement Action Plan ...... 5 1.7 Objectives of Resettlement ...... 5 2. PROJECT IMPACTS ...... 7 2.1 Permanent Collectively Owned Land Acquisition...... 7 2.2 Temporary Land Acquisition ...... 8 2.3 Removal of Private Houses ...... 8 2.4 Removal of Private Structures ...... 9 2.5 Affected Auxiliaries...... 9 2.6 Affected Public Facilities...... 10 2.7 Affected Enterprises ...... 10 2.8 Affected Population ...... 10 3. SOCIO-ECONOMIC SURVEY...... 12 3.1 Socio-Economic Background Survey for Affected Area ...... 12 3.2 Production and Living Situation of Sampled Affected Households .. 16 4. LEGAL FRAMEWORK ...... 20 4.1 Legal Rationale ...... 20 4.2 Acquisition Authority and Compensation Nature ...... 21 4.3 Legal and Administrative Procedure ...... 24 4.4 Regulations on Compensation...... 25 4.5 Legal Liabilities of Institutions...... 29 4.6 ADB's Resettlement Policy...... 30 5. COMPENSATION POLICIES, STANDARDS AND ENTITLEMENT...... 32 5.1 Compensation Standard...... 32 5.2 The Eligibilities and Entitlement of the APs...... 34 5.3 Entitlement Matrixes ...... 36 6. RESETTLEMENT MEASURES...... 39 6.1 Rehabilitation for House Demolition...... 39

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6.3 Income Restoration for Land Acquisition ...... 40 6.4 Restoration of Temporary Land Acquisition ...... 43 6.5 Compensation and Resettlement of Enterprises ...... 44 6.6 Attachments on the Field...... 46 7 BUDGET...... 47 7.1 Cost...... 47 7.2 Plan of Investment by Year...... 48 7.3 Source of Funds...... 48 7.4 Funds Flow ...... 48 8. SCHEDULE OF RESETTLEMENT ACTIVITIES ...... 50 8.1 Linkage of Resettlement Schedule with Construction Schedule...... 50 8.2 Principle of Schedule Establishment...... 51 8.3 Overall Schedule of Land Acquisition and Resettlement Activities .. 51 9. INSTITUTION ...... 53 9.1 Resettlement Implementing Agencies...... 53 9.2 Profile of Agencies...... 53 9.3 Institutional Framework Chart...... 55 9.4 Institutional Qualification, Experience and Personnel ...... 56 9.5 Responsibilities of Agencies...... 57 9.6 Measures for Improving the Institutional Capability...... 61 10. PARTICIPATION, CONSULTATION AND DISCLOSURE ...... 62 10.1 Public Participation Strategy...... 62 10.2 Disclosure...... 63 10.3 Vulnerable Households...... 64 10.4 Survey of Public Opinions...... 64 11. GRIEVANCE AND APPEAL PROCEDURE ...... 67 12. MONITORING ...... 68 12.1 Internal Monitoring and Examination ...... 68 12.2 Independent Monitoring (IM) ...... 69

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ABBREVIATION

APs - Affected Persons DHRO - Daoli District House Removal Administration Office DLB - Harbin Daoli District Land Bureau DVC - Dongming Village Committee HEPB - Harbin Environment Protection Bureau HHRO - House Removal Administration Office of Harbin City HLB - Harbin Land Bureau HPC - Harbin Planning Commission HPLG - Harbin ADB Project Leading Group HPO - Harbin ADB Project Office HWCHPI - Heilongjiang Provincial Water Conservancy and Hydroelectricity Survey, Design and Research Institute HWCI - Harbin Water Conservancy Planning, Design and Research Institute HWRB - Harbin Water Resources Bureau IM - Independent Monitoring IMA - Independent Monitoring Agency LAR - Land Acquisition and Resettlement MWR - Ministry of Water Resources PPO Heilongjiang Provincial ADB Project Office QTG - Qunli Township Government QVC - Qunli Village Committee NRCR - National Research Center for Resettlement of Hohai University RRS - Resettlement and Removal Section under the jurisdiction of HPO RP - Resettlement Plan SLAC - Songhua River and Liao River Administration Committee SVC - Songjiang Village Committee XTG - Xinfa Township Government

SONGHUA RIVER FLOOD MANAGEMENT SECTOR PROJECT QUNLI DIKE RESETTLEMENT PLAN

1. GENERAL SITUATION OF THE PROJECT

1.1 Brief Description of the Project

Qunli Dyke is one of the important core subprojects of the project to improve standard of Harbin urban flood control works. The dyke work will directly protect Qunli development zone, a new residential district of Harbin City. The Qunli development zone is located in the west of the main urban area of the City, bordering on the Songhua River, with the ground elevation of 116.5~ 122.0m, being threatened by floods all long time. There are cultivated lands of 2,433ha and population of 45,400 in the district. According to the Overall Planning of Harbin City, the direction of municipal development is towards west and south, therefore Qunli new district will become another green residential district with full functions.

Qunli dyke works consist of four components: 1) the dyke section of 2.85km long from Shooting Range to Shuangkoumian; 2) the dyke section of 3.3km from Shuangkoumian to Sifangtai; 3) the dyke section of 5.65km from Sifangtai to Mouth of Hejia Ditch; and 4) the dyke section of 1.7km from Mouth of Hejia Ditch to Guxiang Village, with the total length of 13.5km. Except for the dyke section from Shuangkoumian to Sifangtai is an already built work, which will be heightened and thickened to improve the original standard of 1-in-20 year to 1-in-50 year event, all the other three dyke sections are to be newly built this time with a design standard of 1-in-50 year event. The dyke construction works mainly include earth filling, slope and bank revetment, water drainage gate, roads on dyke crest, pits filling, forest terrace, wave break forest and revetment forest etc. The major work quantities include earth of 4,092,400m3, rock of 91,600m3 and concrete of 65,600m3. It is planned to start working in 2002 and finish in 2003 to bring it into serve.

At present, the existing Qunli dyke is not closed with low flood control standard and weakflood control capacity, which had severely threatened the security of lives and properties of people and enterprises and restricted local economic development. The implementation of the dyke construction project will effectively resolve the flood control problem of the southwest of the City.

1.2 Affected and Benefited Area

Qunli dyke is located on the right bank of the Songhua River, in the west of the main urban area of Harbin City. After the accomplishment of the project, the flood control

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standard of Qunli protection region can be directly increased to 1-in-50 year event. This can improve the security of the area greatly, ensuring the objective of removing population to the west urban area to be accomplished and playing it roles in improving functions and level of the City. The development and construction of the zone can promote the development of some trades such as construction and realty and drive the economic development of the whole City.

The land acquisition and house demolition will directly affect two west suburban towns, Xinfa Town and Qunli Township, involving Dongming village in Xinfa Town and Songjiang Village and Qunli Village in Qunli Township. The temporary land use will affect Wuxing Village in Xinfa Town. In addition to rural communities, five institutions will also be affected by land acquisition. They include the Shooting Range of Harbin Court, Chengjiagang waste yard of Harbin Environmental Sanitation Department, vacationing village of Harbin Power Bureau, Qingnian Farm of Harbin Water Drainage Department, Daoli District Aquatic-farm and Harbin Honghua Construction Company.

The regions that will benefit from the Project include Xinfa Town and Qunli Township, involving Dongming village and Wuxing village in Xinfa Town, and Songjiang, Qunli, Songlin and Youyi villages in Qunli Township. The benefited entities include aquatic production station, Wuxing Stock Farm, Engineering Plastic Mechanical Fittings Factory, Baohua Vacationing Village, Shangjiang Storehouse, the municipal engineering department, Air Conditioning and Ventilating Equipment Factory, Sugar Products Factory, Songhuajiang Dairy Products Factory, Xinyan Components Factory, the management department of Natural Gas Company, west suburban fishing ground, Jinlai Vacationing Village, Harbin Xiwang Feedingstuff Factory, North Noble Vacationing Village, Provincial Police Dog Training Base, Yiyangcheng Elders Company and the Coal Gas Company of Provincial Commercial Collage etc.

Qunli flood control dyke will protect the Qunli New District to be built windward Harbin City with fresh air, good water quality and high afforestation rate. The new district will provide an ecotype residential circumstance, and will help to resolve issues about high structures and population intensity in midtown, tense housing, crowded traffic and air pollution, consequently to improve the integral urban environmental quality of the City and to accomplish the comfortable housing objective in 2001 approaching the living standard of urban residents in countries with medium incomes.

1.3 Measures for Reducing Impacts of the Project

In the feasible study and design of the Project, according to the Land

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Administration Law of PRC, the Regulations about Land Acquisition and Resettlement (LAR) for Large and Middle Hydraulic and Hydroelectric Engineering, Provincial Land Administration Regulations, and policies and regulations of local governments, some engineering measures are considered to reduce the resettlement impacts induced by the project described as follows.

1.3.1 Minimizing Land Acquisition by Optimized Design

Options comparison is undertaken in the design of the Project about the width of dyke crest and the gradient of river-side slope.

Two options of 12m and 10m for the crest width are compared and the later one is selected with the considerations of reducing land acquisition and not affecting the works' security and the flood prevention.

Two options of 1:3.5 and 1:3 for the gradient of riverside slope are compared and the later one is selected through adding precast concrete slabs for slope revetment to ensure the security of the dyke and to lessen the land acquisition.

1.3.2 Optimization of Temporary Land Acquisition Layout

The acquisition of the farmlands and the often-flooded cultivated lands and beaches with little yield along the River should be minimized in the temporary land acquisition layout. The concrete measure is to arrange the temporary land acquisition on the flood plain to 150m far away from the riverside dyke toe.

1.4 Design Process

In October 1998, Heilongjiang Provincial Water Conservancy and Hydroelectricity Survey, Design and Research Institute (HWCHPI) associated by China Water Conservancy and Hydroelectricity Science Research Institute and Harbin Water Conservancy Planning, Design and Research Instituted (HWCI) accomplished the Flood Control Planning for Harbin Urban Area including Songbei New District, defining that Qunli dyke was a component of the overall arrangement of Harbin urban flood control works.

In 1999, HWCHPI together with HWCI accomplished the Supplemental Preliminary Design for Harbin Urban Dyke Works Reinforcement for Dealing with Flood Emergency, which was approved by the Songhua River and Liao River Administration Committee (SLAC) with documentations of 1999(196) and (197). The dyke section

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from Shuangkoumian to Sifangtai had been reinforced with danger elimination and flood control standard up to 1-in-20 year event.

In Nov. 1999, the two institutes accomplished the Report on Harbin Urban Flood Control Planning, receiving the checkup opinions given in No. [2000]183 documentation by SLAC.

In Jan. 2000, the two institutes accomplished the first draft of the Feasibility Study Report of Harbin Urban Dyke Works and some department concerned of the Ministry of Water Resources (MWR) made a preliminary checkup to it with checkup opinions; in June, a revised draft was finished and the MWR made checkup again with opinions; in August 2001, another revised draft was finished and is now waiting for the final checkup and approval of the MWR.

The Report has given a clear description and regulation to the importance, environmental impacts, economic evaluation, dyke line's location, constructing scale and construction components of the Qunli dyke works.

The Feasibility Study Report of Harbin Urban Dyke Works was accomplished by HWCHPI together with HWCI, which has be examined preliminarily by the MWR and is waiting for the final approval; and the first draft of the preliminary design report of the Project has been finished by HWCI.

1.5 Proprietorship and Institutional Framework of the Project

A project leading group composed of Harbin Planning Commission (HPC), Harbin Water Resources Bureau (HWRB), Harbin Land Bureau (HLB) and Harbin Environment Protection Bureau (HEPB) as leaguers with the responsibilities of direction, organization, coordination, policy establishment, approval of the Resettlement Plan (RP) and internal supervision and examination for the land acquisition, removal and resettlement of the Project.

Harbin ADB Project Office (HPO) was set up in and leaded by HWRB with the participation of HPC, being in charge of the daily coordination, organization and information synthesis of the project construction. In which, the HWRB will answer for the dyke construction and the Resettlement and Removal Section (RRS) of the HPO will be responsible for the resettlement and removal and funds raising. The HPO will answer for the RP preparation and the implementation and administration of land acquisition and removal.

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After accomplishment, the works will be handed over to Daoli Dyke Administration Station under the jurisdiction of Harbin River Administration Department with the responsibilities of the daily management and maintenance of the dyke.

The total investment in Qunli dyke project is 302.66million yuan, in which, 151.33million yuan will be financed by Harbin government and the rest, 151.33 million yuan, will be loaned by ADB.

1.6 Preparation of Resettlement Action Plan

The resettlement action plan was prepared by the Project Resettlement Office that was composed of Harbin Water Resources Bureau (HWRB), and some relative design entities. National Research Center for Resettlement (NRCR) of Hohai University has provided consultations. The project resettlement office was responsible preparing of the outline of the RP, organizing the resettlement institutes of cities/counties and towns concerned and the villages concerned to carry out socio-economic survey, and compiling the report of the RP.

1.7 Objectives of Resettlement

1.7.1 Keeping Resettlement to a Minimum

The resettlement issues caused by the works construction should be avoided or reduced as far as possible through optimizing design and selecting dyke line reasonably. This can reduce the impacts of the Project on the production and livings of local residents and enterprises and improve local economic and social circumstances.

1.7.2 APs Benefit from the Project

Flood control works belong to important infrastructures with a great deal of social and environmental benefits. The completion of the Project will certainly improve local social and economic circumstances through increasing the regional flood control capacity at the actions of the dyke and improve the living standards of the residents as a result. The involved APs will also benefit from the Project. Besides receiving proper economical compensation, their original poor living circumstances will be improved, the quality and standard of their livings will be improved and local education levels will be greatly increased.

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1.7.3 Production and Living Standards of APs to be Restored or Improved

The villages affected by the land acquisition of the Project are located in near suburban area of Harbin City. Some measures can be adopted to increase the availability of lands such as improving low-yield farmlands, converting dry farmlands to vegetable fields, building commercial vegetable greenhouses, introducing milk cow raising and so on. At the same time, the suburban area is near to the City with quick information and convenient communication. This should be fully utilized to guide the APs to develop cultivation businesses and find other ways to acquire wealth; to held trainings for them to study science and technology; and to introduce them to improved planting pattern, and refined crops and high-quality livestock and poultry to increase their incomes.

It is believed that through effective resettlement, the housing conditions, sources of economic incomes, community circumstances and education levels of the APs will be restored to the original level or be improved in some aspects.

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2. PROJECT IMPACTS

Based on project engineering design, a comprehensive resettlement impact survey was carried out in June 2001, in according to the accuracy required by the feasibility study report. The survey was conducted by HWCI with the participation of local township governments. Within the scope of permanent and temporary land acquisition, the survey covers all (1) all land area: cultivated lands, including normal vegetable land and greenhouse vegetables lands, natural grassland, fish ponds, and rural homestead; (2) all residences: private houses and attachment on the acquired lands; (3) all affected enterprises and (4) all affected persons. The detail results are following:

The Qunli Dyke Project will affect 4 villages in Qunli Township and Xinfa Town, Daoli District, Harbin City including Qunli, Songjiang, Dongming and Wuxing villages. Based on the survey, there are total 118.7ha collectively owned lands to be acquired permanently including 78.66 ha of farmland, 288 persons including 181 rural labors to be affected by the collectively owned land acquisition. There are total 339ha lands to be acquired temporarily, in which 281ha are rural collectively owned lands including 112.4 ha of farmland, 145 rural persons including 93 labors to be affected in short time by the temporary land acquisition. There are 159 households involved in house demolition with the demolished area of 52,831m2 including 38,828 m2 of houses and 14,003 m2 of auxiliary structures, and affected people of 450 persons. There are 5 enterprises to be affected by the Project with the demolished area of 2,674m2 and the affected employees of 10 persons. There 5 sorts of attachments on the acquired land to be affected by including 34762m2 of greenhouses, 87 trees, 23 of 380V electrical poles, 35 of 220V wood electrical poles and 35 tombs. Above all, there are total 893 persons to be affected by the Project including 274 rural labors and 10 employees of enterprises.

2.1 Permanent Collectively Owned Land Acquisition

The permanent land acquisition will involve 3 villages. They are Qunli Village, Songjiang Village and Dongming Village. The total amount of land acquisition is 118.7 ha including 78.66 ha of farmland, 26.18 ha of grassland and 13.85 ha of homestead. Therefore, the acquired farmland accounts for 66.8% of the total acquired land, and the rest for 33.2%. Details see table 2.1.

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TABLE 2.1 Rural Collectively Owned Land Acquired by the Project Permanently Unit: ha Qunli Town Xinfa Town Land Total Qunli Village Songjiang Village Dongming Village Normal vegetables 0.10 0.00 0.00 land 0.10 Greenhouse vegetables 3.48 0.00 0.00 land 3.48 Dry farmland 23.18 34.52 12.55 70.25 Fishes pond 1.39 2.16 1.27 4.83 Grassland 7.52 11.75 6.92 26.18 Homestead 13.85 0.00 0.00 13.85

Total 49.53 48.43 20.74 118.70

2.2 Temporary Land Acquisition

There are total 339ha of lands acquired temporarily, including rural collective lands of 281ha to be acquired during construction. The lands to be acquired temporarily are located more than 150m away from the Qunli dyke line and mostly on flood flowing plain. The part of land often has no yield for being near to the river. The affecting period for the temporarily acquired lands is one year. Details see table 2.2. TABLE 2.2 Lands Acquired by the Project Temporarily Unit: ha Town Village Dry Farmland Grassland Total Xinfa Wuxing 40.41 60.62 101.03 Dongming 8.79 13.18 21.97 Qunli Songjiang 35.60 53.40 89.00 Qunli 27.60 41.40 69.00 Collectively Owned 112.4 168.6 281 Land National 23.20 34.80 58.00 Land Total 135.60 203.40 339.00

2.3 Removal of Private Houses

The private house demolition will involve only Qunli Village. The total quantity of house demolition is 38,828 m2 including 19155.39 m2 of brick concrete houses and 19,672.62 m2 of brick wood houses.

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TABLE 2.3 Affected Private Houses Unit: m2 Qunli Village Item Total Paotai Ditch Xihe Ditch

Houses 20468.587 18359.42 38828.007 : in which brick concrete houses 12485.46 6669.93 19155.39

Brick wood houses 7983.127 11689.49 19672.617

2.4 Removal of Private Structures

Along with house demolition, about 14,000 m2 of auxiliary structures will be demolished. These structures, built by the affected households around their main houses, are without land use titles. While the main houses of affected households all have land use titles.

TABLE 2.4 Affected Private Structures Unit: m2 Qunli Village Item Total Paotai Ditch Xihe Ditch

Structures 13538.301 464.72 14003.021 in which: Brick concrete Structures 6097. 536 53. 98 6151.516 Brick wood Structures 7440. 765 410. 74 7851.505

2.5 Affected Auxiliaries

TABLE 2.5 Affected Auxiliaries

Qunli Village Item Note Unit Amount 720m in Paotai Ditch and 155m in fences m 875 House Xihe Ditch Auxiliaries hand-pump wells well 17 17 in Xihe Ditch

2143.76 m2 in Paotai Ditch and 432.9 barns m2 2576.66 m2 in Xihe Ditch

Trees tree 87 Attachments on Field Greenhouses m2 34762

Tombs tomb 35

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2.6 Affected Public Facilities

TABLE 2.6 Affected Public Facilities

Item Unit Amount 380V electrical poles pole 23 220v wood poles pole 35

2.7 Affected Enterprises

There are 5 Enterprises affected by the project, totally 2674 m2 of houses will be demolished, and 57.91 ha of land used by enterprises will be acquired by the project.

TABLE 2.7 Enterprises Affected by the Project

Demolished Land No. Enterprise Location Houses Acquisition (m2) ( ha) Harbin Honghua Construction Paotai Ditch 1 325.7 4.10 Company Village Songjiang 2 Shooting Range of Harbin Court 343 0.50 Village River Club of Harbin Electric Songjiang 3 927.36 1.43 Power Bureau Village Songjiang 4 Chengjiagang Waste Yard 89.94 31.49 Village Qingnian Farm of Harbin Water Paotai Ditch 5 988 20.39 Drainage Department Village Total 2674 57.91

2.8 Affected Population

Through the project impacts survey, the total number of APs will be 893 persons, in which 288 persons including 181 labors will be affected by permanent land acquisition, 145 persons including 93 labors will be affected by temporary land use, 450 persons by house demolition and 10 persons by enterprises affected. Details see table 2.6.

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TABLE 2.8 Population Affected by the Project Unit: person Qunli Songjiang Dongming Wuxing Affection Type Total Village Village Village Village 1. Population affected by 89 163 36 288 permanent land acquisition in which: rural labor 56 104 21 181 2. Population affected by 38 47 16 44 145 temporary land acquisition in which: rural labor 24 28 9 32 93 3. Affected population by 450 450 houses demolition 4. Affected enterprise 10 employee Total affected population 577 210 52 44 893

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3. SOCIO-ECONOMIC SURVEY

3.1 Socio-Economic Background Survey for Affected Area

The proposed Qunli Dyke is planned to be located in Qunli Township and Xinfa Town, Daoli District, Harbin City, Heilongjiang Province. In order to understand the socioeconomic background of project area, along with comprehensive impact survey, a great deal of social economic data was collected by HWCI with the assistance from Harbin statistical department, which will provide an overview of socioeconomic background of the project region at all levels.

3.1.1 Basic Conditions of Heilongjiang Province

Heilongjiang Province is located in the northeast corner of the People's Republic of China at 43°22' N~ 53°24'N and 121°13'E~ 135ºE. Except the Han nationality, there are 45 minorities in the Province including the Korea, Mongolia, Oroqen, Kirgiz and Hezhen etc. To the end of 1999, there were 12 regional cities, 47 counties, 480 towns and 730 villages set in the Province.

The climate of Heilongjiang Province belongs to circumpolar latitude continental monsoon climates, which makes the province is the coldest one in China. There are abundant land resources with the total area of 454000km2, 25% of which is agricultural land, occupying first place in China. In addition, the per capita land occupation (0.32ha), the forest covering rate, the timber cumulative rate and the timber output are all occupy first places in China. Forest products processing has become the importance industry in the Province. The mineral resources are also abundant in Heilongjiang Province. Up to the present, 132 kinds of minerals had been found, occupying 80% of the total minerals found in the country, in which the reserves of 75 kinds of minerals had been ascertained, and the ascertained mineral resources in the whole province are worth 3,700,000 million yuan.

The landform is complex and multiplicate with grand mountains, and the tourism resources are abundant with famous special natural ecological sights.

In 1999, the gross domestic product (GDP) of 289,740 million yuan was accomplished for the whole province, and the gross industrial production was 291,180 million yuan. Numbers of large backbone enterprises, including Daqing oil field, four coalmines and the industries of electric power, forest, chemistry, construction, metallurgy and

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mechanical equipment etc., are taking the most important tasks of the country on strategic materials and raw materials supply. The gross output value of farming, forestry, livestock and fishery came up to 66,050 million yuan.

3.1.2 Basic Conditions of Harbin City

Harbin City is located at 125°42' E-130°10' E and 44°04' N-46°40' N, at the center of northeast Asia, the north of the Northeast of China, the south of Heilongjiang Province, governing 7 districts, 12 counties, 115 organic towns, 149 towns, 88 sub-district offices, 136 township offices, 1923 urban residents' committees, 895 county residents' committees, 3501 ? villagers' committees, 2.8375 million households with total area of 53000km2, population of 9.4133 million and population density of 177.38 persons/km2.

The mineral resources are abundant in Harbin City. 83 kinds of minerals had been found, of which 25 kinds of minerals had been ascertained available for industry, and 20 of which including coal, natural gas, copper, zinc, tungsten, molybdenum, dispersed elements, silex, pyrite, potassium feldspar, serpentine rock and turf occupy the important places in the Province.

The forest lands are used for growing timber forest, economic forest, fuel forest and protection forest etc., mainly distributed in the east mountain area, the northwest slope of Zhangguangcai Mount and the south slope of Xiaoxing'an Mount, with the major trees of Pinus koraiensis, larch, yellow pineapple, bass, elm, poplar and birch etc., and fruit trees of temperate zone such as apple and grape, and special economic plants.

In 2000, the gross domestic product (GDP) of 100,270 million yuan was accomplished for the whole city, which was increased by 12.4% than the last year. The contribution rates of the first, the second and the third industries are separately 3.7%, 52.3% and 17.0%. And the per capita GDP was 10359yuan, increased by 12.2% than the last year?

The gross output value of farming, forestry, livestock and fishery was 28.05 million yuan with the gross output of grains of 6.95 million Kg, and the gross industrial production was 101.11 million yuan. The investment in fixed assets was 25.37 million yuan, the total volume of retail sales of public consumption goods was 45.19 million yuan, the total value of import and export of customs was 1.21 million dollars after deducting price increase of 11.7%, foreign funds of 0.203million dollars were utilized,

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and the sales revenue of 9.2 million yuan was achieved.

Harbin City is one of the important hubs of the communication of Uurasia with 6 trunk railways and 7 main highways and more than 50 national and international flight courses intersecting here. The passengers and freights combined transportation towards more than 100 countries and areas and more than 200 airports can be transacted. The water quantity of the Songhua River is abundant and ships can launch into ocean directly from the river passing through the Heilongjiang River, this will make the river-ocean combined transportation to be achieved. The first inland port has been opened in Harbin City, forming an important containers distributing center of the northeast of China. The developed communication makes the capability of commodity distributing of Harbin City to be enhanced with an outstanding role as a "bridge".

3.1.3 Basic Conditions of Daoli District

Daoli district is located in the north of Harbin City and is the locus of Harbin Municipal Party committee and Municipal Government and the center of politics, economy and civilization of Harbin City. The total area of the district is 479.2km2, in which the urban area is 22.6km2. In the urban area of the district, there are 17 sub-district offices, and in suburban area, there are 5 towns and 66 villages. The total population of the district is 731,300. The GDP of the district was 3.5 million yuan and the social gross output value was 12.032 million yuan in 2000.

In the district, the area under grain crops is 9197ha and the area under commercial crops is 6400 ha. The gross output value of farming, forestry, livestock and fishery of the year was 670 million yuan, in which the output value of farming was 305 million yuan, forestry was 1 million yuan, livestock was 345 million yuan and fishery was 20 million yuan. The gross revenue of farming was 619 million yuan.

In 2000, the industrial added value was 1305 million yuan and the achieved gross industrial production was 6887 million yuan. The sales revenue was 6271 million yuan with profit of 276 million yuan. The added value of building trade was 243 million yuan in 2000 and the achieved gross output value was 243 million yuan with profit of 27 million yuan.

The sales revenue of commerce, catering and service trades was 6912 million yuan with profit of 257million yuan. The total volume of inputs and outputs was 326million yuan, in which, inputs 137million yuan and outputs 188 million yuan.

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The traffic is well developed with the road towards airport, the Songhuajiang road, Harbin international airport, Wanggang railway station, Wangha railway station and 14 piers located in the district. There are perfect communication establishments in the district with 4 telephone substations achieving directly dialing with all cities all over the country and with more than 200 countries and areas all over the world. Daoli district is an important tourism place with beautiful scene and perfect architectural establishment and the famous Ice and Snow Festival, and is a financial center of the city with well-developed commerce, catering and service trades and well-developed finance and insurance.

3.1.4 Basic Conditions of Affected Towns and Townships

Xinfa Town is located in the west of Qunli development zone, having 13 villagers' committees, 11368 rural households and 35273 rural residents. In 2000, the total area under crops was 3380ha. The yield of grain crops was 4879t, and the yield of vegetables and fruits was 70292t, in which the yield of vegetables was 70155t and fruits 2t. The area under vegetables land was 2218ha and the area of fruit gardens was 68 ha. The area of afforestation was 359mu. The output of aquatic product was 1232t. The number of big livestock was 3658 including live pig on hand, 14214, sheep on hand, 1954 and fowl on hand 403110. The production of agricultural and stock raising was 18006t and the gross output value of farming, forestry, livestock and fishery was 226 million yuan, in which the output value of forestry was 150,000yuan, livestock 77 million yuan and fishery 11million yuan.

Qunli Township is located in the east of Qunli development zone, having 4 villagers' committees, 2891 rural households and 10218 rural residents. In 2000, the total area under crops was 779ha. The yield of grain crops was 839t, and the yield of vegetables and fruits was 21595t, in which the yield of vegetables was 21595t. The area under vegetables land was 622ha. The area of afforestation was 359mu. The output of aquatic product was 237t. The number of big livestock was 966 including live pig on hand 2396, sheep on hand 440 and fowl on hand 207650. The production of agricultural and stock raising was 5537t and the gross output value of farming, forestry, livestock and fishery was 58 million yuan, in which the output value of forestry was 120,000yuan, livestock 25 million yuan and fishery 4 million yuan.

3.1.5 Basic Situation of Affected Villages

The land acquisition and resettlement will be concentrated in three villages, including Qunli and Songjiang Villages in Qunli Township, and Dongming Village in Xinfa Town,

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and temporary land use will affect additional village, which is Wuxing Village. Table 3.1 provides some basic information of these four villages. According to the Table, there are 3,678 households and 11,696 populations including 7,546 labors in these four villages, with 1487.8 ha of farmland, averaging 0.13 ha farmland per person.

Table 3.1 Basic Information of Four Affected Villages for Qunli Dike Project Villages House- Populati labors Farmlan Per Capita Per Capita holds on d (ha.) Farmland Income (yuan) Qunli 162 636 413 206.1 0.32 4200 Songjiang 908 2996 1917 286.7 0.10 3500 Dongming 696 2104 1392 605 0.29 4890 Wuxing 1912 5960 3824 390 0.07 4275 Total 3678 11696 7546 1487.8 0.13 4183

Because of being located in the city suburbs, most villagers are no longer relying on farming as their main source of income. Based on official statistics, the per capita income of three villages was about 4183 yuan in 2000.

3.2 Production and Living Situation of Sampled Affected Households

In order to have a better understanding about the livelihood condition for the affected persons, in Sep. 2001, following ADB policy requirements, a social economic survey was carried in these villages, which was based on a sample survey of 229 households in these villages. The survey was conducted by HWCI and related township governments under the guidance of ADB consulting team. The survey collects information like demographic profile, employment structure, basic production assets, economic conditions, source of income, living conditions, as well as public opinions on the Project.

According to the scope of resettlement impacts among affected villages, the scope and surveyed households number are determined and the questionnaires suitable for local conditions are worked out, which covered both house losers and land losers. The sample was randomly drawn and the sampled households were interviewed at their homes. The survey was conducted by several teams, with each team having 2 to 3 staff. They visited each sample household, inquired the interviewees about each index, and filled in the questionnaires. The results of the survey were entered into the computer, and the basic analysis is presented in the following:

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3.2.1 Household Population

There were 229 sample households with 815 persons randomly drawn out of four villages. In the surveyed population, 637 persons (78%) belonged to agricultural population and 178 persons (22%) belonged to nonagricultural population, 380 (46.6%) were female, 484 (59.4%) were labors, 71 (8.71%) were elderly or disabled, 103 (12.6%) were students.

3.2.2 Age Structure

Of the surveyed 815 persons in 229 households, 42 persons (5%) were less than 7 years old, 138 (17%) were 8~ 18years old, 570 (70%) were 19~ 60years old, and 65 (8%) were above 61 years old.

3.2.3 Education Levels

Of the surveyed 815 persons in 229 households, 44 persons (5.4%) were illiterates, 255 (31.3%) finished primary schools, 442 (54.2%) finished middle schools, 14 (1.7%) finished junior collages, and 60 (7.4%) were pre-school children.

3.2.4 Nonagricultural Personnel

Of the surveyed 815 persons in 229 households, 235 persons are involved in non-farm activities. Among them, 94 persons (40% of the nonagricultural population) went out for employment, 28 (12%) were workers in local village or township enterprises, and 113 (48%) were self-employed and involved in various small businesses.

3.2.5 Household Production

Of the surveyed 229 households, the total contracted lands were 1916.15mu, in which grains land is 1037.7mu (54.2%), vegetables 425.6mu (22.2%), commercial crops 36.4mu (2%), fishes ponds 32.59mu (1.7%), plastic-shed vegetables 307.15mu (16%), and others 76.71mu (3.9%). The 229 households grew 100880 fruit trees and raised 345 pigs, 22 cows, 82 horses and 10249 chickens.

3.2.6 House Condition

Of the surveyed 229 households, the area of homestead was 74,036.6m2 and the housing area was 34,262.2m2, in which the area of two story houses was 5,757.8m2 (16.8%), single story brick houses was 27,632.6m2 (80.7%), and the simple houses 871.9m2 (2.5%). The average house area per household is 149.6m2, which is larger

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than that of urban residents.

3.2.7 Household Annual Incomes and expenditure

Of the surveyed 229 households, the total annual household incomes were 5,089,255yuan, and the average annual household income was 22,223.8yuan/hh, in which the annual income of planting was 1,275,755yuan or 25%, income from animal husbandry was 919,000yuan or 18%, income from sideline activities was 1,083,800yuan or 21%, income from working in village enterprises was 616,600yuan or 12%, and income from outside region employment was 583,200yuan or 11%, and other income 610,900yuan or 12%.

Of the surveyed 229 households, the total annual household expenditures were 2,812,286.2yuan, and the average annual household expenditure was 12,280.73yuan/hh, in which the taxes and other charges including agricultural tax, collective reserve and others were 280,846.2yuan (10% of the total annual household expenditures), the expense for buying seeds was 121,609yuan (4%), pesticide and fertilizer 114,614yuan (4%), electricity fee was 116,354 yuan (4%), water fee was 7,669yuan (0.3%), machine working cost was 163,884yuan (6%), Children's tuition was 267,850yuan (10%), medical fee was 307,450yuan (11%), fuels 193,430yuan (7%), living non-stable food 979,190yuan (35%), domestic appliances and furniture 56,850yuan (2%), and other costs were 202,540yuan (7%).

The income and expenditure per capita for samples are list by each village in table 3.2.

Table 3.2 The sampling householders income and expenditure Township Xinfa Qunli Total Village Wuxing Dongming Qunli Songjiang Sampling Households 61 36 78 54 229 Population 234 132 247 202 815 Farming income 2599.94 988.33 1472.06 857.97 1565.34 Raising income 85.47 550.76 2922.27 517.33 1127.61 Sideline income 1978.63 746.21 1462.75 797.03 1329.82 Income per Salary of enterprises capita 85.47 265.15 2192.71 99.01 756.56 Labor income 790.60 378.79 773.68 777.72 715.58 Other income 670.94 774.24 1124.29 366.34 749.57 Gross income 6211.05 3703.48 9947.77 3415.40 6244.48 Production expenditure 1676.06 744.06 862.47 502.64 987.70 Expenditure Consumption expenditure per capita 3193.29 2032.73 2589.88 1742.87 2462.96 Total expenditure per capita 4869.35 2776.79 3452.34 2245.51 3450.66 Net income per capita 4534.99 2959.42 9085.31 2912.75 5256.78

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According to analysis of the survey results, the average per capita income was 5256 yuan, with only 25 percent of income from farming, 18 percent from animal husbandry, and rest of 57 percent coming from various non-farming activities including wages from township and village enterprises, outside employment, sideline activities and other incomes. The proportion of farm production income is relatively small in the total households incomes, this shows that the dependence on the lands of the villagers in the affected villages is low.

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4. LEGAL FRAMEWORK

4.1 Legal Rationale

4.1.1 National Laws

l Land Administration Law of the People's Republic of China, starting implementation since January 1, 1991 l Implementation Regulations for the Land Administration Law of the PRC l Urban Realty Administration Laws of the PRC l Urban Houses Removal Administration Laws of the PRC l Regulations about Land Acquisition and Resettlement for Large and Middle Hydraulic and Hydroelectric Engineering, Order by the State Council of the PRC Circular 74, in February 15, 1991

4.1.2 Trade Regulations

l Transmitting 'A Notice about Some Questions on Land Use of the Construction Projects Financed from Added Government Bonds' issued by the Ministration of Territory Resources and the State Planning Commission, [1999] 599, issued by the Ministry of Water Resources l A Notice about Some Questions on Land Use of the Construction Projects Financed from Added Government Bonds, [1999] No.347, issued by l A Letter of Soliciting Opinions on the 'Regulations of Land Acquisition and Resettlement of Medium-Sized Water Conservancy and Hydropower Project' [2000]37, issued by the general office of the Ministry of Water Resources and the general office of the State Commission of Economy and Trade l A Notice about Issuing Some Charged Components and Standards of Land Administration System, [1992] 597, issued by the State Administration of Commodity Prices and the Ministry of Finance

4.1.3 Provincial Documentations and Regulations

l Land Administration Regulations of Heilongjiang Province, issued by Heilongjiang Provincial General Office of Territory Resources in Jan 2000 l A Notice about Forbidding to Change the Category of Land within the Planned Scope of Construction [2001]87, issued by the Provincial General Office of Territory Resources l A Notice about Printing and Distributing the 'Administration Methods of

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Levying Land Management Costs', [1995] 47 issued by the Provincial Land Administration Bureau, [1995]15 by the Provincial Administration of Commodity Prices and [1995]89 by the Provincial Finance Bureau l A Notice about Publicizing the Compensation Standards for the Fourth Group of Construction Land Acquisition (for major categories of land) [1997]148, issued by the Provincial Land Administration Bureau l Methods of Implementing the Provisional Regulations on Cultivated Land Acquisition Tax of Heilongjiang Province, [1987]119 l A Notice about Printing and Distributing the 'Provisional Management Measures on Registering and Charging for Changing Land of Cities and Towns' [1993]65, issued by the Provincial Land Administration Bureau, the Provincial General Office of Finance and the Provincial Administration of Commodity Prices l A Notice about Sending the Average Annual Yield Standards for the Lands of Cities and Counties, [2000]36, issued by the Provincial General Office of Territory Resources and the Provincial Administration of Commodity Prices

4.1.4 Documentations and Regulations of Harbin City

l A Notice about the Average Annual Yield Standards for Agricultural Lands of the Urban Area of Harbin City, [2000]21, issued by Harbin Municipal Government l Urban Houses Removal Administration Methods of Harbin City, issued by the Municipal Government Order 51, starting implementation since July 15, 2000

4.1.5 Policies of Asian Development Bank

l Resettlement Brochure of ADB (1998) l Involuntary Resettlement Policy of ADB (1998)

4.2 Acquisition Authority and Compensation Nature

4.2.1 Land Acquisition Authority and Compensation Nature

According to Land Administration Law of the People's Republic of China, in case land acquisition shall take place for construction, any entity or individual must legally apply the tenure of state-owned land

Article 44: In case the construction land acquisition involves transforming agricultural land to construction land, the agricultural land transformation procedures should be

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transacted for approval. In case the land acquisition of the roads, pipelines and large-size infrastructure construction projects approved by the governments of the provinces and municipalities directly under the central authority and the projects approved by the State Council involves transforming agricultural land to construction land, the transformation should be approved by the State Council. In case agricultural land must be transformed to construction land for the purpose of implementing the general planning of land utility within the construction scopes of cities, villages and market towns regulated by the general planning, the transformation should be approved in batches by the authorities, which originally approved the general planning, conforming to the yearly plan of land utility. Within the scope of land with approval for transformation, the concrete land acquisition can be approved by the governments of cities and counties.

Article 45: It should be authorized by the State Council to acquire following lands: ? )basic farmland, ? ) cultivated land exceeding 34ha except the basic farmland, ? ) other land exceeding 70ha. … …

Article 58: In case of any following case, ? )land will be used for public benefit, ? )land will be relocated to rebuild old cities for the purpose of implementing city planning. … … the land administration authorities of relative governments should report it to the governments approving the land acquisition originally or the governments having approving authority for approve, then the tenure of state-owned land can be drawn back.

Article 47: In case land acquisition shall take place, compensation shall be in accordance with the original usage.… …

The Land Administration Law of the People's Republic of China

The assignment of the tenure of land refers to consigning the land to the user after being approved by the governments above county level and the compensation fee and resettlement subsidies being paid by the user or consigning the tenure of land to the user without any compensation.

As for the land acquisition of following construction projects such as municipal infrastructure, public business, energy, water supply and water conservancy projects, in case of necessity, the tenure of the land can be assigned by the governments above county level.

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Land Administration Regulations of Heilongjiang Province

Article 23: In case the construction land acquisition involves transforming agricultural land to construction land, the agricultural land transformation procedures should be transacted for approval in accordance with Article 44 of the Land Administration Law of PRC. ……

Article 24: The approval authority to acquire land collectively owned by the peasantry includes

1) Acquiring cultivated land expect for basic farmland under 35ha or other land under 70ha should be approved by the provincial government and submitted to the State Council for keeping on record 2) Acquiring basic farmland or other cultivated land except for basic land or other land with the area exceeding the limit regulated in Item 1) of this article should be reported to the State Council for approval.

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

4.2.2 Acquisition Authority and Compensation Nature for Removing Others' Houses

Urban Houses Removal Administration Laws of the PRC

Article 8: Any entity or individual whose house needs removal must lodge an application about the removal to the house removal administration authorities above county level holding the approval documentations, removal plan and removal program regulated by the State. The removal can't be carried out until the application is approved and the house removal license is received. In case the tenure of the land shall be changed in the house removal, the tenure must be legally acquired. The implementation of the removal should not beyond the approved scope and deadline.

Article 19: The remover should provide compensation to the owners of the removed houses and auxiliaries including the agents and the manager of the state-owned houses and auxiliaries authorized by the State in accordance with this article. … …

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Urban Houses Removal Administration Methods of Harbin City

Article 3: Urban house removal must conform to municipal planning and be favorable for rebuilding old districts of cities.

Article 44: In case the municipal construction on the collectively owned land in the planed zone of the city requires removing houses and auxiliaries, the execution can be carried out in accordance with the Administration Methods.

The administration of urban house removal of counties or cities can be implemented in accordance with the Administration Methods.

4.3 Legal and Administrative Procedure

Land Administration Law of PRC

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

Urban Houses Removal Administration Laws of the PRC

Article 10: Once the house removal license is issued, the authorities of the removal should publicize the resettlers, removal scope and deadline through issuing bulletin or by other means, and the authorities and the removers should provide propaganda and explanation to the resettlers in time.

Land Administration Regulations of Heilongjiang Province

Article 25: In case the concrete construction projects will acquire the unused state-owned land within the construction land scopes of cities, villages and market towns regulated by the general planning of land utility, the land acquisition should be approved by the governments of cities and counties and be submitted to the administration authorities of the governments for keeping in records. … …

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

Urban Houses Removal Administration Methods of Harbin City

Article 8: Any entity and individual who require removing houses must prepare the construction land planning license, the construction land approval, the removal compensation certificate, the house evaluation sheet and the house removal program to transact the house removal license. All of the above documentations should be examined by the district removal office and be submitted to the municipal removal office for approval. The removal can't be carried out until the house removal license is received.

It is the responsibility of the municipal removal office to supervise the storage and usage of the compensation funds for house removal.

4.4 Regulations on Compensation

Land Administration Law of PRC

Article 47: In case land acquisition shall take place, compensation shall be made in accordance with the original usage of the acquired land, which shall include land compensation fee, resettlement subsidies and compensation fee for the attachments on the land and green seeding. The compensation fee for the acquired cultivated land is 6-10 times of the average annual yield of the land in the previous 3 years before land acquisition. The number of agricultural population to be resettled is determined with the acquired land area divided by the average prior-to-acquisition per capita cultivated land holding in the unit subject to acquisition. The compensation fee for resettlement for each of the agricultural population is 4-6 times of the average annual yield of the land in the previous 3 years. However, the resettlement subsidies for every hectare of acquired cultivated land shall not exceed 15 times of the average annual yield of the land in the previous 3 years.

In case the living standards of the peasantries needing resettlement can not be restored to the original conditions after the land compensation fee and the resettlement subsidies have been paid according to the previous regulations on cultivated land acquisition, the resettlement subsidies can be increased with the

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approval of the governments of the provinces and municipalities directly under the central authority. However, the sum of the land compensation fee and the resettlement subsidies should not exceed thirty times of the average annual yield of the land in previous 3 years before land acquisition.

Land Administration Regulations of Heilongjiang Province

Article 27: Land compensation fee for the acquired land shall be paid in accordance with following standards

1) The land compensation fee for the acquired cultivated land is 6-10 times of the average annual yield of the land in the previous 3 years before land acquisition. …… 2) The land compensation fee for the acquired homestead and village enterprises construction land is 4 times of the average annual yield of the local dry farmland in the previous 3 years before land acquisition. 3) The land compensation fee for the acquired land newly cultivated for less than 3 yeas is 2 times of the land yield of the last year and the compensation fee for investment shall be paid. 4) The land compensation fee for the acquired uncultivated land or cultivated land abandoned for more than 4 years and less than 10 years is 2 times of annual yield of dry farmland. 5) The land compensation fee for the acquired fishes ponds is 3 times of the average annual yield in the previous 3 years before acquisition. 6) The land compensation fee for the acquired garden plots, grassland and reed land is 6 times of annual yield of each land 7) The land compensation fee for the acquired forest land shall be treated in accordance with applicable national regulations.

Article 28: Resettlement subsidies for the acquired land shall be paid in accordance with following standards

1) The resettlement subsidy for the acquired cultivated land is 4-6 times of the average annual yield of the land in the previous 3 years before land acquisition. The calculation of the average annual yield in the previous 3 years before land acquisition conforms to Article 27.1.1. 2) The resettlement subsidy for the acquired garden plots and fishes ponds is 3 times of the average annual yield in the previous 3 years before acquisition.

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3) No resettlement subsidy will be paid for the acquired homestead, village enterprise land, uncultivated land, cultivated land abandoned continuously for more than 4 year and less than 10 years and land newly cultivated for less than 3 years. 4) The resettlement subsidy for the acquired forestland shall be treated in accordance with applicable national regulations.

Article 29: The standing crops compensation fee for the acquired cultivated land growing green crops is the yield of the year of the crops. …… Article 30: Compensation fee and resettlement subsidies should be paid for the state-owned agricultural land legally owned by other entities to be acquired by construction project with approve, referring to the standards of compensation and resettlement.

Urban Houses Removal Administration Laws of the PRC

Article 20: The property right exchange or the pricing compensation or combining the two methods will be adopted for the compensation on house removal. The construction area of the removed house will be accounted as the area of the property right exchange, and the funds of the pricing compensation will be the relocation price calculated based on the construction area of the removed house.

Urban Houses Removal Administration Methods of Harbin City

Article 12: Within the removal time, the remover and the resettler should sign a written agreement in accordance with the Methods involving compensation and other relative matters. … …

Article 21: The remover should provide compensation to the houses having legal property titles within the removal scope. The compensation measures include money and house compensations, and the specific manner should be chosen by the resettlers. … …

Article 23: For the money compensation, to the remover will calculate the value of the removed house at the assigned price and provide the compensation to the resettler by money.

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Article 32: In case of removing residential buildings, subsidies should be paid to the resettler in accordance with the following regulations.

1) In case the removed house is only used by the resettler, the remover will provide an one-off removing subsidies to the resettler when he removes by himself. 2) In case the owner and the user of the removed house are not the same one, an one-off subsidies will be provided to the user who removes by himself. 3) The removal subsidies will be calculated based on the construction area of the original house at the unit price of 10yuan/m2 4) In case the resettler removes by himself during the assigned transition period, the remover will provide him a temporary removal subsidy calculated based on the construction area of the original house at the unit price of 8yuan/m2/month.

Article 33: As for the removal of non-residential house, in case the removed house is used by the owner of the house, subsidy will be paid in accordance with the following regulations

1) In case the owner of the house removes by himself, the remover should provide him the removal subsidy. 2) In case the resettler removes by himself during the assigned transition period, the remover will provide him a temporary removal subsidy; in case the remover provides turnover dwelling, no temporary removal subsidy will be paid any more. 3) In case the house is being used for production and operation when executing removal, and the production and operation can not be processed in the assigned transition period, the remover will provide a subsidy to compensate the economic loss; in case the production and the operation have stopped before the removal bulletin is issued, no subsidy for economic loss will be provided. 4) In case the owner of the removed house being in the progress of production and operation at the moment of removal gets a turnover house provided by the remover to maintain the production and operation, no subsidy for economic loss will be paid any more. … …

The removal subsidy will be calculated at the practical expenses of moving, disassembling and transporting the equipment and materials. The temporary removal subsidy will be paid once and calculated based on the construction area of the original

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house at the unit price of 180yuan/m2.

The subsidies for economic loss will be calculated based on the number of the employees by which the resettler paid the unified labor insurance funds to the labor insurance authorities in the pervious one month before removal at the unit price of 80% of the per capita salary per month plus 10% of the monthly taxable income of the resettler in the last year. The subsidies will be accounted and dispensed on a basis of six month.

4.5 Legal Liabilities of Institutions

Land Administration Law of PRC

Article 66: The land administration authorities above county-level shall be responsible for supervising and inspecting the activities against land administration laws and regulations. The land administration supervision and inspection personnel should be familiar with the land administration laws and regulations and should be devoted to their duties and handle affairs according to the law.

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

Article79: In case any one embezzles or diverts the compensation costs or other relative costs and constitutes guilty, he/she will be legally prosecuted for his/her criminal responsibility; in case not constituting guilty, he/she will be dealt with administrative sanction legally.

Urban Houses Removal Administration Laws of the PRC

Article 5: The remover must provide compensation and resettlement to the resettler according to this article, and the resettler must obey the requirement of the development of the city and finish the removal during the assigned removal time.

Article 6: The realty administration authorities of the State are responsible for the

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urban house removal work all over the country. The realty administration authorities of or the departments authorized by the local governments above county level are responsible for the urban house removal work in the districts.

Article 7: Local governments above county level should enhance the leading of the urban house removal.

Urban Houses Removal Administration Methods of Harbin City

Article 6: The municipal house property administration authority is the administration authority of the urban house removal of the whole city, being responsible for the implementation of the Methods. Harbin House Removal Administration Office (HHRO) will be responsible for the daily management of the house removal of the whole city.

Daoli District Urban House Removal Administration Office (DHRO) will be responsible for the management of the house removal in the district.

4.6 ADB's Resettlement Policy

l Resettlement should be avoided from taking place as far as possible. l If resettlement can't be avoided, APs should be minimized by feasible alternatives and RPs should be prepared for those displaced. l Compensation and assistances should be provided to the affected persons to prevent their future economic and social livings from changing due to the impacts of the Project. l The affected persons should be informed of and consulted on resettlement and compensation option. l The affected persons without normal land tenure should receive compensation. Special considerations and relevant assistances should be provided to the households headed by women or other vulnerable persons such as original inhabitants and minorities to improve their status. l Resettlement should be an integral part of project design to be planed and executed. The costs of resettlement and compensation should be involved in the expenses and incomes of the Project. l The costs of resettlement and compensation can be involved in loans of the Project from banks. l Much attention should be given to the participation of persons with correlative benefits in the preparation and execution of the RP. l A smooth grievance mechanism should be established.

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l The RP and implementation policies should be made public completely to the affected persons.

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5. COMPENSATION POLICIES, STANDARDS AND ENTITLEMENT

The resettlement policies of the Project are formulated by following the laws and regulations on resettlement established by the People's Republic of China, Heilongjiang Provincial Government, Harbin Municipal Government and Asian Development Bank. In order to ensure the policies to be consistent with the objectives of resettlement, the following compensation policies and compensation standards have been established for Qunli Dyke Project.

5.1 Compensation Standard

5.1.1 Compensation for Permanent Land Acquisition

TABLE 5. 1 Compensation Standard for Permanent Collectively Owned Land Acquisition Unit: Yuan/ha Times of Times of Land Times of Average Standing Crops Item Compensation Resettlement Standard Yield Compensation Fee Subsidies Fee (1) Normal vegetables 38000.00 6.00 4.00 1.00 418000.00 land (2) Greenhouse 180000.00 6.00 4.00 1.00 1980000.00 vegetables land (3) Dry farmland 7700.00 6.00 4.00 1.00 84700.00

(4) Fishes ponds 50000.00 3.00 3.00 300000.00

(5) Grassland 1500.00 6.00 9000.00

(6) Homestead 7700.00 4.00 30800.00

5.1.2 Compensation Standard for Temporary Land Acquisition

TABLE 5.2 Compensation Standard for Temporary Collectively Owned Land Acquisition Times of Standing Average Item Unit Crops Standard Yield Compensation Fee (1) Dry farmland yuan/ha 7700.00 2.00 15400.00 (2) Grassland yuan/ha 1500.00 2.00 3000.00 (3) Reclamation Cost yuan/ha 5000.00

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5.1.3 Compensation Standard for Houses

TABLE 5.3 Compensation Standard for Houses

Item Unit Standard Houses (1) Brick concrete houses yuan/m2 1200.00 (2) Brick wood houses yuan/m2 1100.00

5.1.4 Compensation Standard for Private Structures

The structures refer to the auxiliary houses built by villagers around their main houses without land use titles. According to Harbin Urban Removal Administration Regulations, this kind of houses will not be compensated. Considering that the Project is a project financed from ADB, a compensation fee based on construction cost will be provided, and the cost of land use value is not considered. However, land use value is included in the compensation rates for the main houses since they all have land use titles.

TABLE 5.4 Compensation Standard for Private Structures

Item Unit Standard Structures (1) Brick concrete yuan/m2 300.00 (2) Brick wood yuan/m2 200.00

5.1.5 Compensation Standard for Auxiliaries

TABLE 5.5 Compensation Standard for Auxiliaries

Item Unit Standard Fences Yuan/m House 70.00 Auxiliaries Hand-pump wells Yuan/well 800.00

Barns Yuan/m2 70.00 Trees Yuan/tree Attachments 20.00 on Field Greenhouses Yuan/m2 100.00

Tombs Yuan/tomb 100.00

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5.1.6 Compensation Standard for Public Facilities

TABLE 5.6 Compensation Standard for Public Facilities

Item Unit Standard 380V electrical poles yuan/no. 1000.00 220V electrical poles yuan/no. 800.00

5.1.7 Removal Subsidy Standard for APs

TABLE 5. 7 Removal Subsidy Standard for APs

Item Unit Standard 1. Removal transportation fee yuan/hh 600.00 2. Compensation fee for losing working time yuan/hh 300.00 3. Compensation fee for loss on removal yuan/hh 150.00 Medical fee yuan/pp 20.00 5. Removal bonus fee yuan/hh 3000.00

5.1.8 Compensation Standard for Enterprises

TABLE 5. 8 Compensation Standard for Enterprises

Item Unit Standard 1. Land compensation fee yuan/ha 30800.00 2. Buildings compensation fee yuan/m2 1200.00 3. Removal transportation fee yuan/no. 20000 4. Compensation for loss for work stoppage yuan/no. 100000

5.2 The Eligibilities and Entitlement of the APs

5.2.1 Land

Land compensation fee will be provided to village collectives in accordance with table 5. 1 and table 5. 2. Resettlement subsidy will be paid to the affected farmers directly in accordance with Table 5.1.

5.2.2 Houses, Structures and Auxiliaries

Compensation fees will be paid directly to individual persons in accordance with table 5. 3, table 5.4, table 5.5 and table 5.6. All of the compensation fees should ensure the affected households to be able to buy new apartment houses and rebuild

34 SONGHUA RIVER FLOOD MANAGEMENT SECTOR PROJECT QUNLI DIKE RESETTLEMENT PLAN

barns and greenhouses.

Regarding restoration of barns, most these structures were built many years ago, when majority of income came from farming activities. These structures were used to store grains, tools and etc. In the past two decades, the income structure changed a great deal. According to socioeconomic survey, at present farming income for local villagers accounts for only 25 percent of total income, which mainly came from greenhouse vegetables. Because the vegetables need to be sold fresh, the function of these barns was greatly reduced. However, for these demolished structures, compensation of replacement value will be paid to all affected households.

For those affected households who still want to have them rebuilt, in addition to replacement cash compensation, the concerned villages will identify land area near their greenhouses for reconstruction. The area of land will be sufficient to restore its function. In general, the greenhouses are located along pavement road, with completed water supply and electric power. Moreover, being close to greenhouse, it is more convenient for farmer to use. In terms of actual size of new barns, it will be determined by those affected households, who will be responsible to rebuild these barns themselves based on the actual needs.

5.2.3 Public Facilities

The compensation for public facilities including electric transmission poles etc. should be paid to related departments, and the relevant departments will take responsible for rebuilding the public facilities.

5.2.4 Removal Subsidy

It will be paid directly to the removed households. Details see table 5.7.

5.2.5 Compensation for Enterprises

The compensation fee for enterprise will be paid directly to the related enterprise. Details see table 5.8.

35 SONGHUA RIVER FLOOD MANAGEMENT SECTOR PROJECT QUNLI DIKE RESETTLEMENT PLAN

5.3 Entitlement Matrixes

See table 5.9.

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TABLE 5.9 Entitlement Matrixes

Impact Type Impacts Entitlements Standards Land compensation: Normal vegetables land: 228000 yuan/ha; Greenhouses l Get land compensation vegetables land: 1080000yuan/ha;Dry Farmland: 46200yuan/ha; Fishes and resettlement subsidy ponds: 150000yuan/ha; Grassland: 9000 yuan/ha; Homestead: l The land compensation 30800yuan/ha. Villages are used to help the APs Resettlement Subsidy: Normal vegetables land: 152000 yuan/ha; Greenhouses Collective restore their income vegetables land: 720000 yuan/ha; Dry Farmland: 30800yuan/ha; Fishes Land l Give the resettlement ponds: 150000yuan/ha. Acquisition subsidy to APs if no land redistribution l Get crop compensation Crop Compensation: Normal vegetables land: 38000 yuan/ha; Greenhouses Affected l Get the resettlement vegetables land: 180000 yuan/ha; Dry Farmland: 7700 yuan/ha. Households subsidy for land losses Temporary Land Use Compensation: Dry Farmland: 7700 yuan/ha; Grassland: Affected l get compensation for 3000 yuan/ha. Households output value of a year Temporary l Villages get reclamation Reclamation Expense: 5000 yuan/ha. land use expense and take Villages responsibility for reclamation of land

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Impact Type Impacts Entitlements Standards l Get Compensation for Houses: Brick concrete houses: 1200 yuan/m2; Brick wood houses: 1100 yuan/m2; houses at replaced cost Structures without land use titles: Brick concrete houses: 300 yuan/m2; Brick l Get compensation for wood houses: 200 yuan/m2; barns at replacement cost, and village Barns: 70 yuan/m2. committee will arrange site for rebuilding near House Affected their greenhouses Demolition Households l Get Removal Removal transportation fee: 600.00yuan/hh transportation fee Compensation fee for losing working time :300.00yuan/hh l Get Compensation fee Compensation fee for loss on removal : 150.00yuan/hh for losing working time Medical fee : 20.00yuan/pp l Get Compensation fee Removal bonus fee :3000.00yuan/hh for loss on removal l Get Medical fee l Get Removal bonus fee l Get land compensation Land Compensation fee: 30800 yuan/ha or receive piece of new Buildings Compensation: 1200 yuan/m2 land Removal transportation fee: 20000 yuan/no. l Get Buildings Compensation for loss for work stoppage: 100000 yuan/no. Enterprises Compensation at replaced cost l Get Removal transportation fee l Get Compensation for loss for work stoppage l Get full compensation at Tree: 20 yuan/no. replaced cost Greenhouses:100.00yuan/m2 Ground Owner 380V electrical poles:1000.00yuan/no. attachments 220V electrical poles: 800.00yuan/no. Tombs: 100.00yuan/no.

38 SONGHUA RIVER FLOOD MANAGEMENT SECTOR PROJECT QUNLI DIKE RESETTLEMENT PLAN

6. RESETTLEMENT MEASURES

6.1 Rehabilitation for House Demolition

The Project will cause 159 households to be removed with the demolished area of 52,831m2 and affected population of 450 persons. Because the affected area belongs to a combination zone between urban and rural, the implementation of the house removal will conform to Harbin House Demolition Management Measures. The compensation and rehabilitation will be mainly based on cash compensation, since there are many newly constructed commercial housing estates available in the protected area with unit price from 900 yuan to 1,600 yuan per square meter. With housing compensation at 1,100-1,200 yuan per square meter, plus compensation for other items, the affected households could easily purchase new housing with similar size and better facilities in the area. As a result, no concentrated resettlement site will be constructed. The following is a list of available new housing estates and the relevant prices:

1) Sunshine (Yangguang) Garden residential district: there are 270 suits of rooms for sale with the sales price for commercial buildings at least 900yuan/m2, 1500m to the original houses. 2) Yinbin residential district: there are 206 suits of rooms for sale with the sales price for commercial buildings at least 1300yuan/m2, 2000m to the original houses. 3) Hesong residential district: there are 85 suits of rooms for sale with the sales price for commercial buildings at least 1650yuan/m2, 500m to the original houses. 4) Hebai residential district: there are 185 suits of rooms for sale with the sales price for commercial buildings at least 1700yuan/m2, 400m to the original houses. 5) There are more than 100,000m2 commercial buildings in progress of construction with the pre-sell price at least 1300yuan/m2, 300m to the original houses.

The prices of the houses normally range from 900 to 1700 Yuan/m2 and most are 1300-1700Yuan/m2. The compensation standard is 1100-1200 Yuan/m2, which seems to be insufficient. However, because the area of existing houses is quite large, the compensation will be sufficient to buy a set spacious apartment in the newly

39 SONGHUA RIVER FLOOD MANAGEMENT SECTOR PROJECT QUNLI DIKE RESETTLEMENT PLAN

developed housing estates. Taking Yang Guangjin as an example, his family has brick wood houses of 224.09m2 and brick wood structures (without land use title) of

56.65m2 in Paotai Ditch village. Based on adopted compensation, Yang’s family will house removal compensation totaling 257,800 Yuan. Such compensation could be used to buy an apartment with unit price of 1600 Yuan/m2 for 108.15m2. This will be larger than that most urban families have, which is around 70 m2 in Harbin City.

Another example could be found in Sun Xiulan's family. Living in Paotai Ditch Village,

Sun’s family has brick wood houses for 90m2 and brick wood structures (without land use title) for 94.8m2. Based on project compensation rates, Sun's family can obtain removal compensation fee of 118,000Yuan, which can be used to buy an apartment with unit price of 900Yuan/m2 for 90m2. As one can see, through resettlement and rehabilitation, the APs' housing conditions could be restored or exceed the original levels based on their own preference.

In fact, most of the removed houses by the Project are one-story houses. Even though there are larger areas, they have relatively poor sanitation conditions, with no tap water, no gas pipe and no central heating. Through resettlement and rehabilitation, the APs can use compensations to buy newly constructed apartments in the nearby housing estates. These new apartments will have complete modern facilities and better environment, which will greatly improve the living conditions of the APs.

Through survey, most APs have decided to move into new apartments.

6.3 Income Restoration for Land Acquisition

The Project will occupy 118.7ha of collectively owned land permanently including 78.66ha of cultivated land. There are 288 persons affected by the land acquisition including 181 rural labors. The permanent land acquisition will affect Dongming Village in Xinfa Town, and Qunli Village and Songjiang Village in Qunli Township. The land to be acquired and the affected persons and labors are shown in Table 6.1.

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TABLE 6.1 Analysis of Collective Land Acquired and Persons and Labors Affected by the Project Unit: ha, person Qunli Songjiang Dongming Item Total Village Village Village Total area of cultivated 206.13 286.67 605.00 1097.80 land Status Total population 636 2996 2104 5736.00 In which, labor force 413 1409 1392 3214 Land to be occupied 28.15 36.68 13.83 78.66 Population affected by Impacts of the 89 163 36 288 Project land acquisition In which, rural labor 56 104 21 181 force Cultivated land 13.7% 12.8% 2.3% 7.2% Affecting degree Population 14.0% 5.4% 1.7% 5.0% Labor force 13.6% 7.4% 1.5% 5.6% Per capita Before land acquisition 0.32 0.10 0.29 0.19 cultivated land After land acquisition 0.28 0.08 0.28 0.18

It can be seen from Table 6.1 that the proportion of the affected cultivated land is from 2.3% to 13.7%, for the affected population it is from 1.7% to 14%, and for labor it is from 1.5% to 13.6%. Qunli Village is affected the most and Dongming Village is affected the least. There are more cultivated lands in Qunli Village, so after the land acquisition, the per capita cultivated land can still be up to 0.28ha per person.

In addition, the lands acquired from Qunli village are mainly poor quality dryland near the river, which are vulnerable for flood. Generally, the cultivated lands of a village were divided into three classes. The lands of Class 1 are located far from the river with better soil and are not easy to be submerged by floods, so the yields of the lands are much higher. The lands of Class 3 are located near the river with poor soil and are often submerged by floods, so the yields of the lands are rather low. When the lands were contracted to all villagers, each household had got equal amount for three classes of lands. The lands acquired by the Qunli dyke project basically belong to the lands of Class 3. Therefore, after land acquisition, most of the affected households will still hold more than 90 percent of original cultivated land.

In addition, according to the socioeconomic survey, among affected households, farming income is relatively small in the total households incomes, about 25 percent. This shows that the dependence on the lands of the villagers in the affected villages is low.

41 SONGHUA RIVER FLOOD MANAGEMENT SECTOR PROJECT QUNLI DIKE RESETTLEMENT PLAN

Through consultation with local village officials and individuals, the most satisfied option is to distribute all resettlement subsidies directly to the affected households. Such payment will enable them to develop various income generation activities, such as growing more greenhouse vegetables on the remaining land, introducing milk cow, and investing in other sideline activities in order to recover their losses from land acquisition. The barns owned by the APs can be rebuilt by concentrated mode or individual mode according to the APs' preference. The compensation fee for the collectively owned land acquisition will be used to improve the production conditions of the villages, such as irrigation facilities, roads, and so on, in order to set up better foundation for the production development of the villages. During the survey, it was told that there will increasing demand for farm produce and animal products because the affected area is near the urban area of Harbin City. Therefore, the benefits of growing greenhouse vegetables, raising cows and pigs are very large. The average annual net income of growing greenhouse vegetables can be up to 6,300yuan per mu, which is much larger than maize. The inputs and outputs for growing plastic-shed vegetables are presented in Table 6.2.

TABLE 6.2 Inputs and Outputs for Growing Plastic-shed Vegetables (1mu=1/15ha)

No. Item Funds Remarks (yuan/mu) 1 Subtotal of inputs 3883 3.2t steel bar/year×2200yuan/t˜7000yuan/year 1.1 Civil construction 533 handwork cost 1000yuan, life span 15years, 533yuan/year 200kg/2years×8.0yuan/kg=1600yuan/2y 1.2 Plastic membrane 800 ears =800yuan/year Water and electricity 1.3 600 fee 1.4 Fertilizer 400 1.5 Pesticide 1200 1.6 Grass shed 350 700yuan/2years=350yuan/year 2 Subtotal of outputs 10180 2.1 1st crop Leaf vegetables 1280 800kg/a×1.6yuan/kg=1280yuan/a 2.2 2nd crop Cucumber 4900 7000kg/a×0.7yuan/kg=4900yuan/a 2.3 3rd crop Tomato, fresh kidney beans, autumn 4000 4000kg/a×1.0yuan/kg=4000yuan/a vegetables Net income( yuan/mu/a) 6297

42 SONGHUA RIVER FLOOD MANAGEMENT SECTOR PROJECT QUNLI DIKE RESETTLEMENT PLAN

In addition, the incomes of the APs can be increased through expanding animal husbandry activities. The annual net income of raising a milk cow can be up to 3,058yuan per year, and one labor can raise 3~ 5 cows. The annual net income of raising a pig can be up to 125yuan per year, and one labor can raise 20 pigs. The inputs and outputs for cows and pigs are separately presented in Table 6.3 and Table 6.4.

TABLE 6.3 Inputs and Outputs of Raising Milk Cows

Funds No. Item Remarks (yuan/no.) 1 Subtotal of inputs 7042 (9000yuan/no.-2000yuan/no.)/6ye 1.1 Purchasing cows 1167 ars=1167yuan/year.no. 1.2 Feed 5475 15yuan/day×365days/year=5475 Water and electricity 1.3 400 fee 2 Subtotal of outputs 10100 6t/no.×1.6yuan/kg=9600yuan/year 2.1 Milk 9600 .no. 2.2 Cow dung 500 Annual net income( yuan/year.no.) 3058 One labor raises 3~5 cows

TABLE 6.4 Inputs and Outputs of Raising Pigs (1jin=1/2Kg) Funds No. Item Remarks (yuan/no.) 1 Subtotal of inputs 435 1.1 Purchasing piggy 200 40jin/no.×5yuan/jin=200yuan/no. 470jin/no.×0.5yuan/jin=235yuan/n 1.2 Feed 235 o. 2 Subtotal of outputs 560 200jin/no.×2.8yuan/jin=560yuan/n Selling pigs 560 o. Annual net income( yuan/year.no.) 125 One labor raises 20 pigs

Through the above analysis, developing greenhouse vegetables, milk cows and pigs can ensure make the APs to restore or increase their incomes in short time in comparison with their incomes before the implementation of the Project.

6.4 Restoration of Temporary Land Acquisition

There are total 339ha of lands acquired temporarily, including rural collective lands of

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281ha to be acquired and rural population of 145 persons to be affected in short time by the temporary land acquisition including 93 labors. The lands to be acquired temporarily are located more than 150m away from the Qunli dyke line and mostly on flood flowing plain. A small part of the lands belong to cultivated lands that often have no yield for being near to the river. The affecting period for the temporarily acquired lands is one year and compensation fee for second plowing will be paid by two times of the average yield of the land during the acquisition period. The temporarily acquired lands will be rehabilitated soon after the usage comes to the end and subsequently the impacts will disappear.

6.5 Compensation and Resettlement of Enterprises

6.5.1 Principle of Enterprises Resettlement

1) Through negotiation, it is determined to provide money compensation for the removed buildings at their replacement prices. 2) Compensation fee will be paid for the acquired land. Since most affected enterprises will only lose part of the site, they could rebuild the lost structures on the remaining land in order to restore their original functions. 3) The Project will provide equipment removing compensation fee for the possible loss for disassembling, reinstalling and transporting the equipment. 4) Subsidies for production and business stoppage will account since the day of stoppage, and all the payment will be paid to the affected enterprises. The lost wages will be paid to the affected employees by the enterprises.

6.5.2 Resettlement of the Affected Enterprises

There are 5 enterprises to be affected by Qunli Dyke Project with the total removing area being 2,674m2. Most of them are the enterprises under the jurisdiction of administration authorities of the municipal government and will occupy a small part land in this land acquisition plan. The enterprises have a few workers and their jobs are temporary and seasonal and in most time there is no person in the working sites. For example, workers will go to Chengjiagang waste dump only there are rubbish to be dumped. Therefore, the impact of the Project on this kind of enterprises is small. Since most of them are storage facilities from government institutions, and land acquisition only affect small part of their areas, the resettlement impacts are relatively small and no one will lost their job due to the construction of this project.

1) Harbin Honghua Construction Company: It is an enterprise under the jurisdiction of the Governmental Organizations Administration Bureau. The

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Paotai Ditch storehouse of the enterprise with the land occupation area of 41,000m2 and the construction area of 325.7m2 will be affected by the Project. The acquired lands will be compensated by the Project and the removed buildings will be also compensated at their replacement prices. The enterprises can obtain an alternative site for reconstruction based on amount of compensation received.

2) Shooting Range of Harbin Court: 5000 m2 of land areas will be acquired and the construction area of 343m2 will be affected by the Project. It is the place to have shooting practice and now has been abandoned, so no restoration needs to be done after compensation.

3) Chengjiagang waste yard of Harbin Environmental Sanitation Department: 314,900m2 of lands with structures of 89.94m2 will be acquired for temporary resting in construction. This land was allocated by the Municipal Government for dumping wastes, normally no person coming here except for drivers or workers who come here to dump garbage. This waste deposit site has been abandoned by the Government, since an alternative waste deposit site has been selected. Compensation will be paid to the relevant government department for removed structures and land acquisition in accordance with the relative regulations.

4) Qingnian Farm of Harbin Water Drainage Department: It is located in Songjiang Village. A total of 20,3921m2 of land areas, which is mainly to used for storing tools and machines, and 988m2 of structures will be acquired by the Project. This land was allocated by the State as a residential site for urban young people in 1970s and later was converted into a state farm. The total area of the farm is 650,000m2 with staff of 88 persons who are mainly engaged in engineering construction of the Water Drainage Department. The Project land acquisition and resettlement will affect 10 persons of this work unit. The acquired land will be compensated and the removed buildings will also be compensated at the replacement prices. After land acquisition, there are still about 450,000m2 land area remaining, which is sufficient to rebuild the replacement structures for the work unit.

5) River Club of Harbin Electric Power Bureau: It is located in Dongming Village, and 14,327m2 of lands will be acquired by the Project. The construction area of 927.36 m2 will be affected by the Project. The land is

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owned by the State and used as a vacation house for Harbin Electric Power Bureau. Since the unit still has large land area left, it could rebuild their vacation houses on the remaining land.

6.6 Attachments on the Field

The affected attachments on the Field will be compensated at the replacement prices and electric departments will be responsible for the reconstruction of the electric transmission system.

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7 BUDGET

7.1 Cost

The costs of land acquisition and resettlement will be included into the total budgets of the Project. Based on the price of August 2001, the total resettlement cost is 83.1million yuan. The detailed budget for the RP of Qunli dyke project is presented in Table 7.1.

TABLE 7.1 Budget for Resettlement Plan of the Project

Item Unit Compensatio Amount Cost n Standards (104yuan) 1 Compensation fee for collective land 1836.36 1.1 Land compensation fee and resettlement subsidies 118.70 1498.73 (1) Normal vegetables land yuan/ha 418000.00 0.10 4.37 (2) Greenhouse vegetables land yuan/ha 1980000.00 3.48 688.29 (3) Dry farmland yuan/ha 84700.00 70.25 595.06 (4) Fishes ponds yuan/ha 300000.00 4.83 144.77 (5) Grassland yuan/ha 9000.00 26.18 23.57 (6) Homestead yuan/ha 30800.00 13.85 42.68 1.2 Compensation fee for temporary land acquisition 474.59 337.64 (1) Dry farmland yuan/ha 15400.00 135.60 208.82 (2) Grassland yuan/ha 3000.00 203.40 61.02 (3) Reclamation cost yuan/ha 5000.00 135.60 67.80 2. Private houses 38828.01 4462.63 (1) Brick concrete houses yuan/m2 1200.00 19155.39 2298.65 (2) Brick wood houses yuan/m2 1100.00 19672.62 2163.99 3. Private Structures 14003.02 341.58 (1) Brick concrete houses yuan/m2 300.00 6151.52 184.55 (2) Brick wood houses yuan/m2 200.00 7851.51 157.03 4. House Auxiliaries 25.53 (1) Fences yuan/m2 70.00 875 6.13 (2) Hand-pump wells yuan/no. 800.00 17 1.36 (3) Barns yuan/m2 70.00 2576.66 18.04 5. Attachments on Field 348.14 (1) Trees yuan/no. 20.00 87 0.17 (2) Greenhouses yuan/m2 100.00 34762 347.62 (3) Tombs yuan/no. 100.00 35 0.35 6. Public Facilities 5.10 (1) 380V electrical poles yuan/no. 1000.00 23 2.30 (2) 220V electrical poles yuan/no. 800.00 35 2.80 7. Removal subsidies 65.30

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Item Unit Compensatio Amount Cost n Standards (104yuan) yuan/hh (1) Removal transportation fee no. 600.00 159 9.54 (2) Compensation fee for losing working time yuan/hh 300.00 159 4.77 (3) Compensation fee for loss on removal yuan/hh 150.00 159 2.39 (4) Medical fee Yuan/p 20.00 450 0.90 (5) Removal bonus fee yuan/hh 3000.00 159 47.70 8. Compensation for enterprises 559.26 1. Land compensation fee yuan/ha 30800.00 57.91 178.38 2. Buildings Compensation fee yuan/m2 1200.00 2674 320.88 3. Transportation fee yuan/no 20000 5 10.00 4. Loss on work stoppage yuan/no 100000 5 50.00 Subtotal of 1~ 8 7625.86 9. Other costs 683.54 (1) Implementation management cost % 2 7625.86 152.52 (2) Survey and Design cost, and M&E cost % 2 7625.86 152.52 (3) Land survey cost yuan/ha 3100 118.7004 36.7971 (4) Land acquisition management cost % 3 1498.73 44.96 (5) Land administration cost yuan/ha 25000 118.7004 296.75 Total Costs 8309.40

7.2 Plan of Investment by Year

According to the implementation schedule of the Project, the construction period is two years, so most of the funds will be paid before the construction of the project. The resettlement investment by year is presented in Table 7.2.

TABLE 7.2 Plan of Resettlement Investment by Year

Year 2002 2003 Subtotal Investment (104yuan) 7478.5 830.9 8309.4 Proportion (% ) 90 10 100

7.3 Source of Funds

According to the schedule arrangement, all of the funds come from financial allocation.

7.4 Funds Flow

Prior to implementation of land acquisition and resettlement, the project office will sign compensation agreements with all affected villages and individual households. The

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agreements will specify the compensation amount, payment method, payment schedule, and responsibilities. The funds flow is presented in Fig.7.3.

FA

HPO

RO & LAB

EE PU RH A CUG

O

CH

Fig.7.3 Resettlement Funds Flow

ILLUSTRATION FA - Financial allocation HPO - Harbin ADB Project Office RO - Resettlement Offices LAB Land Administration Bureau RH - Removed households EE - Enterprise Entities PU - Public undertakings OA - Owner of attachments on land CUG - Collective villages or groups CH - Contracted households

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8. SCHEDULE OF RESETTLEMENT ACTIVITIES

8.1 Linkage of Resettlement Schedule with Construction Schedule

8.1.1 Construction Period of Qunli Dyke Project

The construction period of Qunli dyke project is planned to two years. The major task in the first year is earth filling, to finish the dyke body filling and dyke foot works, and the major tasks in the second year include structures, slope revetment and road surface works. The earth works should be done in low flow periods before or after floods. Before the summer flood comes, the dyke sections which are being in progress must be constructed up to 1-in-10 year water level of the Songhua River with necessary protection to avoid the flood flowing over dyke, scouring or destroying the already built works. According to the present schedule, the Project is planned to start in May 2002 and end in May 2004. The resettlement schedule is worked out based on and dovetailed into the overall construction schedule of the Project.

8.1.2 Linkage of the Resettlement Schedule and the Construction Schedule

The principles to arrange the resettlement activities and the construction schedule are described as l The schedule of LRA should be linked with that of the construction of the Project. l The schedule of land occupation will be determined in accordance with the starting time of the project construction. l The land acquisition in the Resettlement Plan should be finished one month before the Project begins to use land. The beginning time will be determined in accordance with the demand of LAR.

The linked schedule of construction and land acquisition is presented in Table 8.1.

TABLE 8.1 Linked Schedule of Land Acquisition and Construction

Item Time Dike Construction Start 2002.5 End 2004.5 Land Acquisition and Start 2001.11 Houses Removal End 2002.4

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8.2 Principle of Schedule Establishment

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

l The scope of land acquisition will be determined in accordance with the design drawings of each component of the dyke works before starting material measurement and calculation needed by land acquisition and house removal. l The material measurement and calculation needed by land acquisition and house removal should be done by HPO together with the owners of property in accordance with the red line map before signing the compensation and resettlement agreement. l HPO will organize a conference of all affected communities, households, and work units to publicize the policies on land acquisition, house removal, compensation and resettlement. The conference will be held before the compensation and resettlement agreement is signed. After the conference, an announcement about land acquisition and house removal will be issued. l The agreement on compensation and resettlement should be signed between the Project and affected parties after the material measurement and calculation and after issuance of the announcement about land acquisition and house removal. l The compensation fee for loss of yield should be paid for the temporary land occupation and payment should be made before construction. l The payment should be carried out after the compensation agreement between the two parts is signed or before the implementation of land acquisition and house removal.

8.3 Overall Schedule of Land Acquisition and Resettlement Activities

According to the schedules of the preparation and the implementation of the LAR, the overall schedule of the LAR activities of the Project is studied out as Chart 8.1.

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Chart 8.1 Schedule of Resettlement Activities

2001 2002 2003 No Task 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 1 Preparation Work 4-2 2 Project Office collect related personnel 4-2 4-10 3 Determination of impact scope 4-11 5-1 Project impacts survey 4 5-7 5-30 Socioeconomic survey 5 6-25 7-12 Consultation on resettlemnt policy 6 7-13 7-26 Formulation of RP 7 5-31 11-14 Disclosure 8 11-15 11-28 Compensation 9 1-15 Detailed Measurement Survey 10 1-15 1-31 Replacement land preparation 11 1-15 2-15 12 Compensation Delivering 2-15 2-28 13 Selection of Apartments by APs 2-1 2-28 14 Resettlement 3-1 15 Movement to new apartments 3-1 3-15 16 Assignment of replacement land for Barns 3-1 3-29 17 Construction of Deposits/Barns 4-1 4-30 18 Construction of greenhouses 4-1 4-30 19 Application for demolition license 3-1 3-15 20 Demolition deadline 4-30 21 Project Construction 5-1 4-15 Monitoring and Evaluation 22 1-1 Selection of M&E institue 23 1-1 1-15 Implementation of M&E 24 1-16 2-28

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9. INSTITUTION

9.1 Resettlement Implementing Agencies

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

l Harbin ADB Project Leading Group (HPLG) l Harbin ADB Project Office (HPO) l Harbin Land Administration Bureau (HLAB) l Harbin House Removal Administration Office (HHRO) l Harbin Daoli District Land Bureau (DLB) l Resettlement and Removal Section under the jurisdiction of HPO (RRS) l Qunli Township Government (QTG) l Xinfa Township Government (XTG) l Qunli Villagers' Committee (QVC) l Songjiang Villagers' Committee (SVC) l Dongming Villagers' Committee (DVC) l Harbin Water Conservancy Planning, Design and Research Institute (HWCI) l National Research Center for Resettlement of Hohai University (NRCR)

9.2 Profile of Agencies

Harbin ADB Project Leading Group (HPLG): It is a leading group established with Fang Shichang, the vice mayor of the City, as the chief headman, Li Junfu as the vice secretary general, Wang Xifeng, Bian Honglei and Qiao Zhen as the vice headmen, and Harbin Planning Commission (HPC), Harbin Water Resources Bureau (HWRB), HLB and Harbin Environment Protection Bureau (HEPB) as the leaguers. In the activities about land acquisition, removal and resettlement of the Project, the HPLG will be responsible for the leading, organization, coordination, policies establishment, approval of the RP and implementation of internal monitoring.

Harbin ADB Project Office (HPO): Be set up in and leaded by the HWRB with the participation of HPC, be responsible for the daily coordination, organization and information synthesis of the project construction, in which the HWRB will be responsible for the dyke construction and the HPO will be responsible for the resettlement and removal and funds raising. The HPO will answer for the preparation

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of the RP and the implementation and administration of land acquisition and removal.

Harbin Land Bureau (HLB): Be responsible for the establishment of the land compensation policies, assist to transact the procedures of land acquisition and temporary occupation, and be responsible for supervising and managing the implementation of the land acquisition and compensation for the Project.

Harbin House Removal Administration Office (HHRO): Be responsible for the establishment of the compensation policies and standards for house removal, and participate in the concrete implementation of the removal and compensation of the Project.

Harbin Daoli District Land Bureau (DLB): Be responsible for transacting the procedures of land acquisition and temporary occupation and participate in the confirmation and implementation of the land compensation policies.

Resettlement and Removal Section under the HPO (RRS): Be responsible for the concrete implementation, coordination and administration of LAR.

Qunli Township Government (QTG) & Xinfa Township Government (XTG): Assist the RRS of the HPO to coordinate issues relating to the land acquisition and removal.

Qunli, Songjiang and Dongming Villagers' Committees (QVC, SVC, DVC): Assist the RRS of the HPO to accomplish tasks related to the land acquisition and removal, organize the villagers to remove and develop production.

Harbin Water Conservancy Planning, Design and Research Institute (HWCI): Be responsible for the project design and the scope determination for the land acquisition and house removal.

National Research Center for Resettlement of Hohai University (NRCR): Be responsible for the external monitoring and evaluation of LAR.

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9.3 Institutional Framework Chart

PPO

HPLG

Survey HPO HHRO HLB and Design Monitoring (RRS) Agency and Evaluation (HWCI) the DLB Agency

Households EPTA Removed

affected (NRCR) by temporary land acquisition QTG XTG

DVC SVC QVC

Affected Affected Affected households households households ABBREVIATION : PPO Heilongjiang Provincial ADB Project Office HPLG - Harbin ADB Project Leading Group HWCI - Harbin Water Conservancy Planning, Design and Research Institute HPO - Harbin ADB Project Office RRS - Resettlement and Removal Section under the jurisdiction of HPO HHRO - Harbin House Removal Administration Office HLB - Harbin Land Bureau NRCR - National Research Center for Resettlement of Hohai University EPTA - Entity with property title of the attachments on the acquired land DLB - Harbin Daoli District Land Bureau QTG - Qunli Township Government XTG - Xinfa Township Government SVC - Songjiang Villagers' committee QVC - Qunli Villagers' committee DVC - Dongming Villagers' committee

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9.4 Institutional Qualification, Experience and Personnel

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

The resettlement implementing agencies are all well manned with high-quality staff with full-time personnel of 53 persons and 128 persons at rush time. The staff has wide range of technical background and rich expereince in resettlement implementation. This will produce importance effects on the establishment and implementation of the RP. The removal administration and implementing agencies have better transportation and communication instruments, and the other agencies undertaking survey and design, removal implementation and independent external monitoring and evaluation own advanced computer assistant instruments, technology and abundant experiences in land acquisition and resettlement.

The personnel manned in the resettlement implementing agencies are presented in Table 9.1.

TABLE 9.1 Personnel Relating to Resettlement Matters in the Agencies

Personnel Full-time Starting Implementing in Rush Personnel Qualifications of Personnel working Agencies Hours (persons) since (persons) July, HPLG 2 6 Official, graduate or above 2000 Official, technical personnel, Aug, HPO 3 12 graduate or above 2000 Sep, HLB 2 4 Official, junior collage or above 2001 Sep, HHRO 3 10 Official, junior collage or above 2001 Sep, DLB 3 6 Official, junior collage or above 2001 Technical personnel,junior Aug, RRS 6 6 college or above 2000 May, QTG, XTG 10 30 Official 2001

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Personnel Full-time Starting Implementing in Rush Personnel Qualifications of Personnel working Agencies Hours (persons) since (persons) SVC, QVC, May, 15 40 Village cadre DVC 2001 Engineering technical Sep, HWCI 5 10 personnel, graduate or above 2000 Professor, associate Dec, NRCR 4 4 professor, master's degree or 2001 above Total 53 128

9.5 Responsibilities of Agencies

9.5.1 Harbin ADB Project Leading Group (HPLG)

Be responsible for leading, organization, coordination and policy establishment of the Project, approval of the RP, implementation of the internal monitoring and inspection, and making decisions on issues in resettlement.

9.5.2 Harbin ADB Project Office (HPO)

l Commission design entity to determine the scope of impacts of the Project. l Organize socio-economic survey. l Apply the licenses of land usage for planning and construction to Harbin Territory Planning Bureau. l Organize and coordinate the establishment of the RP. l Execute the policies of the RP. l Confirm and coordinate the implementation of the RP conforming to the schedule of construction. l Appropriate funds and supervise the usage of the funds. l Direct, coordinate and supervise the executive activities and schedule of the RP. l Organize and implement internal monitoring, determine independent external monitoring agency, and coordinate and assist the external monitoring activities. l Examine monitoring reports. l Coordinate and deal with the conflicts and problems produced in the implementation. l Report the schedule, funds usage and implementation quality of the land acquisition to the ADB regularly.

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9.5.3 Resettlement and Removal Section under the HPO (RRS)

l Organize socio-economic surveys. l Carry out registration and census survey of all resettlement impacts in the land acquisition. l Organize the public participation activities. l Organize Consultation on preparation of Resettlement Plan, and take part in the establishment of the RP. l Implement the execution of the laws and regulations about house removal. l Organize relative documentations and data and submit them to Harbin House Removal Administration Office (HHRO), and transact maters about House Removal License. l Report to the HHRO on the request for issuing removal bulletins. l Implement policies and regulations of the State on the administration of land usage of construction projects. l Establish LAR schemes and compensation standards in accordance with relative policies and submit them to relevant administration authorities for approval. l Transact the procedures of land usage submission for approval. l Apply the licenses of land usage for planning and those for construction. l Implement the RP. l Sign the agreements on LAR with the APs and entities to be removed under the assistances of local governments. l Inspect the implementation of the resettlement. l Manage the information about LAR activities. l Train the staff. l Coordinate and deal with the conflicts and problems produced in the implementation. l Deal with dissensions and grievances about removal and execute coordination and administrative arbitration. l Deal with illegal activities in removal and execute administrative punishment or other treatments. l Report to the HPLG on performances of LAR. l Establish a special working group to assist the APs to select houses in order to promote the resettlement and help the APs to get satisfied apartments.

9.5.4 Harbin Land Bureau (HLB)

l Implement policies and regulations of the State relative to land usage of

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construction projects. l Participate in examining the standards of compensation on land acquisition and attachments. l Transact the approval procedures of land acquisition. l Participate in the socio-economic surveys. l Participate in the establishment and examination of the RP. l Issue the licenses of land usage for planning and those for construction. l Issue bulletins about land acquisition. l Direct, coordinate and supervise the executive activities of LAR. l Coordinate and deal with the conflicts and problems produced in the implementation of land acquisition and transference.

9.5.5 Harbin House Removal Administration Office (HHRO)

l Implement laws, regulations and criterions on house removal management. l Examine the house removal plan and compensation scheme, issue the license of house removal, and issue the bulletins about the house removal. l Examine the qualifications of house removal entities and issue the qualification certificates of house removal. l Coordinate, supervise and inspect the house removal activities. l Train and examine the removal staff cooperating with the HPO.

9.5.6 Harbin Daoli District Land Bureau (DLB)

l Carry out the socio-economic surveys. l Carry out registration and real situation investigation of material objects in the land acquisition. l Consult with the entities on the land to be acquired to establish the Resettlement Scheme and to work out the RP together. l Transact the procedures relative to land acquisition. l Sign the agreements on land acquisition and compensations with the villagers' committees on the land to be acquired under the assistances of local governments. l Manage the information about LAR activities. l Train the staff. l Coordinate and deal with the conflicts and problems produced in the implementation.

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9.5.7 Xinfa and Qunli Township Governments (XTG, QTG)

l Participate in the socio-economic surveys. l Participate in the establishments of the RP and Resettlement Scheme. l Supervise and inspect the resettlement and income restoration activities undertaken by the villages. l Be responsible for reporting the ideas and suggestions of APs to superior authorities.

9.5.8 Qunli, Songjiang and Dongming Villagers' Committees (QVC, SVC, DVC)

l Participate in the socio-economic surveys and the establishment of the Resettlement Scheme. l Participate in the establishment of the RP. l Organize the public consultation, and propagandize the policies about land acquisition. l Be responsible for the relocation of the residual post-acquisition land. l Organize the APs to develop production and to carry out income restoration activities. l Be responsible for reporting the ideas and suggestions of APs to superior authorities. l Provide assistances to poor households.

9.5.9 Harbin Water Conservancy Planning, Design and Research Institute (HWCI)

l Reduce the impacts of the Project through optimizing the design. l Determine the affected scope of land acquisition. l Assist to develop the RP. l Provide technological consultations to the HPO in respect of data investigation and treatment.

9.5.10 National Research Center for Resettlement of Hohai University (NRCR)

l Provide technological consultations in respect of LAR. l As a independent monitoring agency, the NRCR will monitor various aspects of the RP and the implementation performance regularly, submit the independent monitoring and evaluation reports on resettlement to the HPLG, HPO and ADB. The detailed contents and methods of monitoring are presented in Chapter 12 and Appendix 1.

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9.6 Measures for Improving the Institutional Capability

The HPO organized a training in May 2001 for the staff engaged in LAR in respects of the resettlement policies of ADB, laws about land acquisition, theories and methods of socio-economic survey etc.

The HPO adopts the following measures to improve the capacities of the implementing agencies.

9.6.1 Training the Staff

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

9.6.2 Investigating ADB Projects

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

9.6.3 Setting up Rational Stimulation Mechanism

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

9.6.4 Establishing Management Information System (MIS)

Set up a MIS of LAR, manage the data concerned using computers, enhance information feedback, and ensure information be transmitted smoothly from the top down and the bottom up to letting the HPLG make decisions on major issues.

9.6.5 Reinforcing Internal and External Monitoring

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

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10. PARTICIPATION, CONSULTATION AND DISCLOSURE

10.1 Public Participation Strategy

In order to establish relative policies, work out a good RP, minimize complaints and disputes, and accomplish the appropriate resettlement, a great deal of efforts have been made on increase participation and consultation by the APs during stages of preparation and implementation of the RP.

10.1.1 Public Participation in Project Preparation

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

10.1.2 Public Participation in Socio-Economic Survey

In the courses of impacts investigation and socio-economic survey, the affected villages officials and individuals villagers had participated in the survey process, by discussing with survey team, confirming the survey results, and providing ideas and suggestions on compensation policies and rehabilitation approaches.

In September 2001, HPO organized a survey about public opinions and suggestions involving 3 villages and 229 households affected by the Project. The survey results are presented in Table 10.1.

10.1.3 Plan for Public Participation

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

1) Consultation Meetings

In three months previous land acquisition, symposiums will be held with the participations of rural residents, village cadres and female representatives to collect their opinions and suggestions.

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2) Public Meetings

In a month previous land acquisition, before the implementation of RP, public meetings should be held to explain relative policies, laws, compensation standards and resettlement schemes to the affected people so that they can make knowledge and arrangement early.

3) Participation of Village Cadres and Resettlers Representatives in Land Acquisition and Resettlement

In the implementation, the village cadres and the relocatee representatives will participate in on site investigation and final determination of the quantity of land acquisition and in the consultation about compensation standards and resettlement scheme together with HPO and other relative authorities. Through democratic consultation, the villagers' committees will determine the land readjustment scheme, the compensation fee usage scheme, the land compensation fee investment and benefit distribution scheme and so on.

10.2 Disclosure

1) Publicize the policies about land acquisition and removal through the mass media including newspaper, radio and television.

2) Issue Bulletin about Land Acquisition and Removal The major contents of the bulletin include the brief description of the Project, the scope of land acquisition, the resettlement policies (involving compensation standards), the responsible institutions, the schedule of land acquisition and removal, the rights and duties of relocatee, grievance and appeal, monitoring and evaluation etc.

3) The RP and the Resettlement Information Manual will be prepared completely and be issued and published before Nov. 20, 2001. the RP in Chinese will be sent to Qunli Township Government, and the Resettlement Information Manual in Chinese will be sent to APs. and

4). Meantime, the RP in Chinese and English will be prepared and sent to ADB RMC in Beijing as well as ADB in Philippines.

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10.3 Vulnerable Households

Through Survey, the vulnerable households have not been found among affected households. If the vulnerable households are found during implementation, the vulnerable household will be given the following help to reduce the impact to them by the project: 1. Labor help. The village committee will help the vulnerable households to move into new apartments and rebuild their barns according to their willing, the village committee will take responsible for arrangement of labors doing the work mentioned above. 2. Subsidy for vulnerable households. The project will establish a special fund to subsidize the vulnerable group in order to improve their living standard on a certain extent. The fund will be managed by village committee and it will be used specifically on vulnerable group.

10.4 Survey of Public Opinions

In September 2001, HPO organized HWCI to carry out a survey about public opinions and suggestions. There were three villages with 229 households affected by the Project involved in the survey. The survey results show that, in the surveyed 229 households,

l 73% knew the Project was to be constructed, 19% didn't know, and 8% were not clear about it l 97% approved of the Project, 0.9% didn't approve, and 2.1% were indifferent? l 100% thought the Project favorable not only to the State and the collectivity but also to individuals. l The people had profound knowledge on the impacts and harms to be caused by floods. 92% thought floods could "cause houses and properties Lost", 93% "affect agricultural production", 90%" damage infrastructure ", 80%"affect people's health", and 62% "affect investment conditions". l When asked what degree did floods affect their living and production, 35% of the respondents said "very severe", 43% said "severe", 18% said "not severe" and 4% said "no impact". l 93% thought the Project would protect the securities of people and production, 82% thought it would increase agricultural production levels, 82% thought it would improve living environment, and 67% thought it would provide more opportunities of employment.

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l As for the unfavorable impacts of the Project, 21% of the surveyed households thought their incomes were likely to be reduced because of the land acquisition, 30% thought removal would cause economic lost, 25% thought construction would affect production and living, and 62% thought that the Project had no unfavorable impact. l When asked if they knew about the policies on resettlement and compensation for land acquisition and removal, 40% of the respondents said "Yes", 38% said knew "a little", and 22% said "No". l 88% of the surveyed households knew to appeal if their legal rights were aggrieved in the land acquisition and removal.

The survey results about the public knowledge, attitudes and suggestions are presented in Table 10.1.

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TABLE 10.1 A Questionnaire of Public Knowledge and Attitudes towards the Project Conclusion (%) No Question Response (1) (2) (3) (4) (5) 1 Do you know the Qunli (1) Yes( 2) Not clear dyke is to be ( 3) No 73 19 8 constructed? 2 Approve of the (1) Yes( 2) No 97 0.9 2.1 Project? ( 3) Indifferent 3 Who do you think will a) State( 1) Yes( 2) No 100 benefit from the b) Collectivity( 1) Yes( 2) No 100 Project? (Multiple c) Individuals( 1) Yes( 2) No choices) 100 4 What harm do you ( 1)Cause houses and properties know is caused by lost floods? (Multiple ( 2) Affect agricultural production 92 93 90 80 62 choices) ( 3) Damage infrastructure

( 4) Affect people's health ( 5) Affect investment conditions 5 What degree did ( 1) No impact floods affect your living ( 2) Not severe 4 18 43 35 and production? ( 3) Severe ( 4) Very severe 6 What benefits do you ( 1) Protect securities of people think you can get from and production the Project? ( 2) Increase agricultural production levels 93 82 82 67 ( 3) Improve living environment ( 4)Provide more opportunities of employment 7 What unfavorable ( 1) No unfavorable impact impacts do you think ( 2) Construction will affect the Project will bring to production and living you? ( 3)Removal will cause economic 62 25 30 21 lost ( 4) Economic incomes are likely to be reduced because of the land acquisition 8 Do you know about the ( 1) Yes policies on ( 2) A little resettlement and ( 3) No 40 38 22 compensation for land acquisition and removal? 9 Do you know to appeal ( 1) Yes if you are aggrieved in ( 2) No 88 12 the land acquisition and removal? Note: Number of cases=229 households

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11. GRIEVANCE AND APPEAL PROCEDURE

The participation of the APs are always thought much of during establishment and implementation of the RP. The contents of the RP and the Resettlement Information Manual will be opened completely and be issued and published before Nov. 20, 2001. Meanwhile, an open and effective procedure of grievance and appeal as follows will be established to avoid the occurrence of major grievances.

Stage 1 If any relocatee does not agree with compensation rate or rehabilitation measure, he/she can lodge a written or oral complain to Daoli Removal Office (DRO) or DLB. In case an oral complaint is made, it will be recorded on paper and resolved by DRO or DLB within 2 weeks.

Stage 2 If the relocatee is dissatisfied with the resolution of Stage 1, he/she can appeal to HPO or HLB after receiving the decision. A reply should be made by HPO or HLB to the appeal within 2 weeks.

Stage 3 In case the relocatee is still not satisfied with the revolution of Stage 2, he/she can appeal to HPLG asking for administrative arbitration after receiving the decision of HPO or HLB. The arbitration institutions should make arbitral decision within 3 weeks.

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

The APs will be informed about the above grievance and appeal procedure through holding meetings or other approaches to understand that they have the rights of grievance and appeal.

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12. MONITORING

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

The internal monitoring is undertaken by PPO, HPO, HHRO, HLB and DLB with the objectives to ensure all responsible entities to execute LAR conforming to the principal and schedule of the RP and to keep super performance in the implementation.

The independent monitoring and evaluation is done by an independent monitoring agency (IMA) that will carry out regular monitoring and evaluation to the activities of LAR. The NRCR of Hohai University is planned to undertake the independent monitoring (IM) of the Project in respects of ? operation efficiency of the resettlement institution, ? executive schedule of LAR, ? compensation and restoration for the permanent and temporary land acquisition and house removal, and ? tracking investigation and analysis to the standards of production and livings of the APs. An agency undertakes the IM, being independent of HPO, to inspect the whole implementation from an overall and long-term point of view. The IMA will track the resettlement activities of the Project to evaluate whether the implementation of LAR ? executes the national laws relative to LAR, ? conforms to the Involuntary Resettlement Policy of ADB, and ? makes the standards of production and livings of the APs to be restored or increased. The IMA will put forward proposals to HPO in time so that the problems taking place in the implementation of the LAR can be solved as soon as possible.

12.1 Internal Monitoring and Examination

The HPO will set up an internal monitoring operation mechanism to examine the resettlement activities. All APs will be monitored, and an internal monitoring and examination will be carried out to the overall procedure of LAR, using the resettlement action plan and a basic database about LAR established by HPO.

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12.1.1 Implementation Procedure

During implementation period, HPO will collect and record the information about resettlement and restoration of the APs affected by land acquisition, the villagers affected by temporary land acquisition and the APs affected by house removal, transfer the action records with the implementation schedules to PPO in time to keep the continuity of the monitoring activities.

In the above-mentioned monitoring procedure, information tables in an assigned format will be made out and submitted so that PPO, HPO, HHRO, HLB and DLB, as important components of the internal monitoring system, can make regular examination and verification.

12.1.2 Monitoring Contents

l Land compensation fee paid to the APs and affected villages l Compensation and restoration for temporary land acquisition l Compensation and relocation for house removal l Schedule of above activities l Implementation of the policies regulated by the RA l APs' participation and consultation in the implementation l Personnel, training, working timetable and working efficiency of the resettlement implementing agencies

12.1.3 Personnel

The personnel of the resettlement implementing agencies in charge of monitoring and data treatment are shown in Table 12.1.

TABLE 12.1 Personnel Engaged in Monitoring Unit: persons Persons in Rush No Agency Full-time Personnel Hours 1 PPO 1 2 2 HPO 2 4 3 HHRO 1 2 4 HLB 1 2 5 DLB 1 2

12.2 Independent Monitoring (IM)

The independent monitoring agency (IMA) will carry out monitoring based on the

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surveyed data used by the resettlement implementing agencies.

12.2.1 Independent Monitoring Agency (IMA)

The HPO will engage the National Resettlement Center for Resettlement (NRCR) of Hohai University as the IMA of the Project. The NRCR is the earliest national special research institution in the field of resettlement, having abundant experiences in resettlement policy, plan, design, implementation, monitoring, evaluation and management, and having undertaken a great many subprojects about resettlement and independent monitoring in the projects financed from the World Development Bank and ADB. The monitoring group is composed of four persons involving professor, doctor and master with abundant experiences of engineering resettlement and sociology. The outline of independent monitoring and evaluation is presented in Appendix 1.

12.2.2 Responsibilities

The IMA will carry out tracking monitoring and evaluation to the implementation of the RP and put forward consultative opinions for decision making.

The IMA will go to the land acquisition and removal sites for investigation, and provide technological consultation and direction on the establishment of the RP and on the supplemented survey of socio-economic data. The IMA will develop some activities as follows

1) Base Investigation

The IMA will make base investigation, which is need by the independent monitoring and evaluation, towards the villages, APs and houses affected by land acquisition of the Project, through which the base information about production and living standards of the monitored APs can be obtained. The investigation of production and living standards will be made once a year to track the variation of the standards of production and living of the APs. The necessary data can be acquired be means of tracking the representative samples those are randomly drawn previously, making informal interview and observing in situ. Statistical analysis can be done based on the above data, and the evaluation can be worked out.

2) Regular Monitoring and Evaluation

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The IMA will make regular tracking monitoring once a year during the implementation period of the RA. Through in-situ observation, sample tracking investigation and informal interview, the IMA will monitor l Payment and amount of land compensation fee l Compensation for house removal l Standards of production and living of the APs l Implementation schedule of resettlement l Institutional arrangement for resettlement

3) Public Consultation

The IMA will participate in the public consultations held during the preparation and implementation of the RP, consequently to evaluate the effect of public participation.

4) Complaints

The IMA will interview some institutions during monitoring, will go deep into HPO and other implementing agencies which can resolve complaints to enquire the transaction of complaints, and will meet the APs who have complaints. Aiming at the existing issues, the IMA will put forward measures and suggestions to make the implementation of resettlement more effectively.

12.2.3 Procedure

1) Compile the general outline of monitoring and evaluation 2) Compile investigation outline and questionnaires 3) Design the sample investigation program and determine representative APs households 4) Base investigation 5) Establish monitoring and evaluation information system 6) Monitoring and investigation regional socio-economic survey resettlement implementing agencies representative APs households 8) Put the monitoring data in order and establish database 9) Compare and analyze 10) Compile monitoring and evaluation report

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APPENDIX 1. OUTLINE OF INDEPENDENT MONITORING AND EVALUATION

1. Brief Description of the Project

It is one of the important core subprojects of the project to improve standard of Harbin urban flood control works. The dyke work will directly protect Qunli development zone, a new residential district of Harbin City. The Qunli development zone is located in the west of the main urban area of the City, bordering on the Songhua River, with the ground elevation of 116.5~ 122.0m, being threatened by floods all long time. There are cultivated lands of 2433ha and population of 45400 in the district. According to the Overall Planning of Harbin City, the direction of municipal development is towards west and south, therefore Qunli new district will become another green residential district with full functions.

Qunli dyke works consist of four components: 1) the dyke section of 2.85km long from Shooting Range to Shuangkoumian; 2) the dyke section of 3.3km from Shuangkoumian to Sifangtai; 3) the dyke section of 5.65km from Sifangtai to Mouth of Hejia Ditch; and 4) the dyke section of 1.7km from Mouth of Hejia Ditch to Guxiang Village, with the total length of 13.5km. Except for the dyke section from Shuangkoumian to Sifangtai is an already built work, which will be heightened and thickened to improve the original standard of 1-in-20 year to 1-in-50 year event, all the other three dyke sections are to be newly built this time with a design standard of 1-in-50 year event. The dyke construction works mainly include earth filling, slope and bank revetment, water drainage gate, roads on dyke crest, pits filling, forest terrace, wave break forest and revetment forest etc. The major work quantities include earth of 4,092,400m3, rock of 91,600m3 and concrete of 65,600m3. It is planned to start working in 2002 and finish in 2003 to bring it into serve.

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2. Objectives of Monitoring and Evaluation

According to the requirement of the Resettlement Brochure of ADB, the independent monitoring and evaluation should be worked out for the resettlement of the Qunli dyke project. The tracking monitoring and evaluation of the implementation of LAR will be carried out, through examining the schedule, funds, administration of LAR, analyzing and comparing the variation of the production and living standards of the APs affected by land acquisition, analyzing and comparing the compensations given to and the production and operation restoration of the affected enterprises and shops. When reports are submitted to ADB, HPO and other relative authorities regularly once a year, information and proposals should also be provided to them for reference. Through the independent monitoring and evaluation, ADB and the authorities in charge of the Project can sufficiently understand whether the objectives of the LAR has be accomplished on time with the expected quality, point out the existing problems, if any, and put forward proposals to improve the performance of implementation.

3. Contents of Monitoring and Evaluation

( 1) Socio-economic survey: to survey the socio-economic profile of affected districts and representative villages ( 2) Representative house removal APs: compensation fee payment, houses relocation, removal instances and resettlement quality ( 3) Representative APs losing lands: payment of compensation fee for APs and standing crops, employment relocation, income restoration and resettlement quality ( 4) Representative enterprises: payment of compensation fee, removal schedule, relocation and restoration, employees' incomes, resettlement quality ( 5) Resettlement implementing agencies: capability and efficiency of the agencies ( 6) Public utilities: payment of compensation fee, function restoration, re-establishment schedule ( 7) Public participation: APs' participation in the preparation and implementation of the RP, participation effect ( 8) Grievance: operation mechanism and efficiency of grievance

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4. Institutional Framework of Monitoring and Evaluation

( 1) HPO will commission NRCR to take charge of the concrete investigation, data collection, calculation and analysis, and will examine its performance. ( 2) The NRCR of Hohai University will organize a monitoring and evaluation group for the Harbin Qunli dyke project. Under the direction of the officials of ADB, the group will be responsible for the monitoring and evaluation of resettlement, the compilation of the outline of monitoring and evaluation, the setup of monitoring spots, the in-situ survey and interior analysis work, and the compilation of the report of monitoring and evaluation. ( 3) HPO will provide supports to the group in respects of personnel and communication etc. when the in situ monitoring and investigation are in progress.

5. Methods of Monitoring and Evaluation

( 1) Methods including in situ investigation, calculation and analysis and experts' comprehensive evaluation will be adopted for monitoring and evaluation. ( 2) The investigation will be done by linking work at selected spots with that in entire areas, in respects of the schedule, funds, institutions and administration of the implementation. Sample investigation will be adapted to the APs, enterprises and shops. ( 3) The samples are randomly drawn from different classes with different proportions, 10% for the residential households affected by house removal, 10% for the relocatee households affected by land acquisition, and 20% for the affected enterprises. ( 4) Carry out the comprehensive investigation by questionnaire, informal discussion or through looking up files and records. ( 5) Pay attention to collecting pictures, audio and visual data, and material objects data besides written data.

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6. Technological Courses of Monitoring and Evaluation

PE

OM&E

SQR

DSIS

BI

MIS

MI

Socio- Executive Repres Representa Repres economic agencies entativ tive entative survey e enterprises villages

DBS

ECA

RM&E

Finish Yes or Not

the End

Appendix _ Fib 1.1 Technological Courses of Independent Monitoring and Evaluation

ILLUSTRATION PE - Project establishment OM&E - Work out the outline of monitoring and evaluation (M&E) SQR Work out summary, questionnaire, recording cards of - representative APs and entities DSIS - Design of sample investigation scheme BI - Base investigation MIS - Establish management information system (MIS) of M&E MI - Monitoring investigation DBS - Put monitoring data in order and establish database ECA - Evaluation by comparison and analysis RM&E - Compile report of M&E

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7. Planned Schedule of Monitoring and Evaluation

l Establish independent monitoring and evaluation group and compile detailed outline of monitoring and evaluation in November 2001. l Make preparation for the independent monitoring and evaluation in December 2001, including compiling questionnaire, establishing monitoring system, determining missions and ascertain monitoring spots. l Carry out the first phase of monitoring activities in January 2002, in respects of the base investigation and the preparation of resettlement, and submit the first phase of monitoring and evaluation report in February 2002. l Carry out the second monitoring in July 2002, in respects of the implementation of resettlement, the schedule and quality of resettlement and the compensation payment, and submit the second phase of report in August 2002. l Carry out the third monitoring in January 2003, in respects of the income restoration of the representative APs, the houses relocation and the production restoration of the APs, and submit the third phase of report in February 2003.

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APPENDIX 2. RESETTLEMENT INFORMATION MANUAL

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1. Brief Description of the Project Qunli Dyke is one of the important core subprojects of the project to improve standard of Harbin urban flood control works. The dyke work will directly protect Qunli development zone, a new residential district of Harbin City.

Qunli dyke works consist of four components: 1) the dyke section of 2.85km long from Shooting Range to Shuangkoumian; 2) the dyke section of 3.3km from Shuangkoumian to Sifangtai; 3) the dyke section of 5.65km from Sifangtai to Mouth of Hejia Ditch; and 4) the dyke section of 1.7km from Mouth of Hejia Ditch to Guxiang Village, with the total length of 13.5km. Except for the dyke section from Shuangkoumian to Sifangtai is an already built work, which will be heightened and thickened to improve the original standard of 1-in-20 year to 1-in-50 year event, all the other three dyke sections are to be newly built this time with a design standard of 1-in-50 year event.

2. Scope of Project Impacts The land acquisition and house demolition will directly affect two west suburban towns, Xinfa Town and Qunli Township, involving Dongming village in Xinfa Town and Songjiang Village and Qunli Village in Qunli Township. l Based on the survey, there are 159 households involved in house demolition and 5 enterprises to be affected by the Project. l There are total 118.7ha collectively owned lands to be acquired permanently including 78.66 ha of farmland and 40.04 ha of unfarmland.

TABLE 1 Rural Collectively Owned Land Acquired by the Project Permanently Unit: ha Qunli Town Xinfa Town Land Total Qunli Village Songjiang Village Dongming Village Normal vegetables 0.10 0.00 0.00 0.10 land Greenhouse vegetables 3.48 0.00 0.00 3.48 land Dry farmland 23.18 34.52 12.55 70.25 Fishes pond 1.39 2.16 1.27 4.83 Grassland 7.52 11.75 6.92 26.18 Homestead 13.85 0.00 0.00 13.85 Total 49.53 48.43 20.74 118.70 l The per capita cultivated land is 1.5~4.8 mu in the affected area.The proportion of the affected cultivated land is from 2.3% to 13.7%, for the affected population it is from 1.7% to 14%, and for labor it is from 1.5% to 13.6%.

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l There are the demolished area of 52,831m2 (brick concrete houses:48%, brick wood houses:52%)and affected people of 450 persons. In which:the brick concrete houses have 25306.906 m2(houses with land use title: 19155.39 m2, houses without land use title 6151.52 m 2),the brick wood houses have 27524.122 m2 (houses with land use title: 19672.62m2, houses without land use title 7851.505 m2). l Auxiliaries:fences(875m), hand-pump wells(17no.), chicken houses(2576.66 m2). There are some other attachments on the acquired land to be affected by including 34762m2 of greenhouses, 87 trees, 23 of 380V electrical poles, 35 of 220V wood electrical poles and 35 tombs. 3. Compensation Laws and Policies

3.1 National Laws l Land Administration Law of the People's Republic of China, starting implementation since January 1, 1991 l Implementation Regulations for the Land Administration Law of the PRC l Urban Houses Removal Administration Laws of the PRC l Regulations about Land Acquisition and Resettlement for Large and Middle Hydraulic and Hydroelectric Engineering, Order by the State Council of the PRC Circular 74, in February 15, 1991 3.2 Trade Regulations l Administration Methods about Charging the Fee of the Paid Use of New Construction Land, [1999] No.117, issued by the Ministry of Finance and the Ministry of Territory Resources l Transmitting ' A Notice about Some Questions on Land Use of the Construction Projects Financed from Added Government Bonds ' issued by the Ministration of Territory Resources and the State Planning Commission, [1999]599, issued by the Ministry of Water Resources 3.3 Provincial Documentations and Regulations l Land Administration Regulations of Heilongjiang Province, issued by Heilongjiang Provincial General Office of Territory Resources in Jan 2000 l A Notice about Publicizing the Compensation Standards for the Fourth Group of Construction Land Acquisition (for major categories of land) [1997]148, issued by the Provincial Land Administration Bureau l Methods of Implementing the Provisional Regulations on Cultivated Land Acquisition Tax of Heilongjiang Province, [1987]119 3.4 Documentations and Regulations of Harbin City l A Notice about the Average Annual Yield Standards for Agricultural Lands of the Urban Area of Harbin City, [2000]21, issued by Harbin Municipal

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Government l Urban Houses Removal Administration Methods of Harbin City, issued by the Municipal Government Order 51, starting implementation since July 15, 2000 3.5 Policies of Asian Development Bank l Resettlement Brochure of ADB (1998) l Involuntary Resettlement Policy of ADB (1998)

4. Compensation Standards

TABLE 2 Compensation Standard for Permanent Collectively Owned Land Acquisition Unit: Yuan/ha Times of Times of Land Times of Average Standing Crops Item Compensation Resettlement Standard Yield Compensation Fee Subsidies Fee (1) Normal vegetables 38000.00 6.00 4.00 1.00 418000.00 land (2) Greenhouse 180000.00 6.00 4.00 1.00 1980000.00 vegetables land (3) Dry farmland 7700.00 6.00 4.00 1.00 84700.00

(4) Fishes ponds 50000.00 3.00 3.00 300000.00

(5) Grassland 1500.00 6.00 9000.00

(6) Homestead 7700.00 4.00 30800.00

TABLE 3 Compensation Standard for Temporary Collectively Owned Land Acquisition Times of Standing Average Item Unit Crops Standard Yield Compensation Fee (1) Dry farmland yuan/ha 7700.00 2.00 15400.00 (2) Grassland yuan/ha 1500.00 2.00 3000.00 (3) Reclamation Cost yuan/ha 5000.00

TABLE 4 Compensation Standard for Houses

Item Unit Standard Houses (1) Brick concrete houses yuan/m2 1200.00 (2) Brick wood houses yuan/m2 1100.00

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TABLE 5 Compensation Standard for Private Structures

Item Unit Standard Structures (1) Brick concrete yuan/m2 300.00 (2) Brick wood yuan/m2 200.00

TABLE 6 Compensation Standard for Auxiliaries

Item Unit Standard Fences Yuan/m House 70.00 Auxiliaries Hand-pump wells Yuan/well 800.00

Barns Yuan/m2 70.00 Trees Yuan/tree Attachments 20.00 on Field Greenhouses Yuan/m2 100.00

Tombs Yuan/tomb 100.00

TABLE 7 Compensation Standard for Public Facilities

Item Unit Standard 380V electrical poles yuan/no. 1000.00 220V electrical poles yuan/no. 800.00

TABLE 8 Removal Subsidy Standard for APs

Item Unit Standard 1. Removal transportation fee yuan/hh 600.00 2. Compensation fee for losing working time yuan/hh 300.00 3. Compensation fee for loss on removal yuan/hh 150.00 Medical fee yuan/pp 20.00 5. Removal bonus fee yuan/hh 3000.00

TABLE 9 Compensation Standard for Enterprises

Item Unit Standard 1. Land compensation fee yuan/ha 30800.00 2. Buildings compensation fee yuan/m2 1200.00 3. Removal transportation fee yuan/no. 20000 4. Compensation for loss for work stoppage yuan/no. 100000

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5. The Eligibilities and Entitlement of the APs

5. 1 Land Land compensation fee will be provided to village collectives in accordance with table 2 and table 3. Resettlement subsidy will be paid to the affected farmers directly in accordance with Table 2.

5. 2 Houses, Structures and Auxiliaries Compensation fees will be paid directly to individual persons in accordance with table 4, table 5, table 6 and table 7. All of the compensation fees should ensure the affected households to be able to buy new apartment houses and rebuild barns and greenhouses. The village will arrange the land to affected households to rebuild their barns. The greenhouses will be rebuilt on the rest of land.

5.3 Public Facilities The compensation for public facilities including electric transmission poles etc. should be paid to related departments, and the relevant departments will take responsible for rebuilding the public facilities.

5.4 Removal Subsidy It will be paid directly to the removed households. Details see table 8.

5. 5 Compensation for Enterprises The compensation fee for enterprise will be paid directly to the related enterprise. Details see table 9.

5.6 Entitlement Matrixes See table 10.

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TABLE 10 Entitlement Matrixes

Impact Type Impacts Entitlements Standards l Get land compensation Land compensation: Normal vegetables land: 228000 yuan/ha; Greenhouses and resettlement subsidy vegetables land: 1080000yuan/ha;Dry Farmland: 46200yuan/ha; Fishes l The land compensation ponds: 150000yuan/ha; Grassland: 9000 yuan/ha; Homestead: are used to help the APs 30800yuan/ha. Villages Collective restore their income Resettlement Subsidy: Normal vegetables land: 152000 yuan/ha; Greenhouses Land l Give the resettlement vegetables land: 720000 yuan/ha; Dry Farmland: 30800yuan/ha; Fishes Acquisition subsidy to APs if no land ponds: 150000yuan/ha. redistribution l Get crop compensation Crop Compensation: Normal vegetables land: 38000 yuan/ha; Greenhouses Affected l Get the resettlement vegetables land: 180000 yuan/ha; Dry Farmland: 7700 yuan/ha. Households subsidy for land losses Temporary Land Use Compensation: Dry Farmland: 7700 yuan/ha; Grassland: Affected l Get compensation for 3000 yuan/ha. Households output value of a year Temporary l Villages get reclamation Reclamation Expense: 5000 yuan/ha. land use expense and take Villages responsibility for reclamation of land l Get Compensation for Houses: Brick concrete houses: 1200 yuan/m2; Brick wood houses: 1100 yuan/m2; houses at replaced cost Structures without land use titles: Brick concrete houses: 300 yuan/m2; Brick l Get Removal wood houses: 200 yuan/m2; transportation fee House Affected l Get Compensation fee Removal transportation fee: 600.00yuan/hh Demolition Households for losing working time Compensation fee for losing working time :300.00yuan/hh l Get Compensation fee Compensation fee for loss on removal : 150.00yuan/hh for loss on removal Medical fee : 20.00yuan/pp l Get Medical fee Removal bonus fee :3000.00yuan/hh l Get Removal bonus fee

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Impact Type Impacts Entitlements Standards l Get land compensation Land Compensation fee: 30800 yuan/ha or receive piece of new Buildings Compensation: 1200 yuan/m2 land Removal transportation fee: 20000 yuan/no. l Get Buildings Compensation for loss for work stoppage: 100000 yuan/no. Enterprises Compensation at replaced cost l Get Removal transportation fee l Get Compensation for loss for work stoppage l Get full compensation at Tree: 20 yuan/no. replaced cost Greenhouses:100.00yuan/m2 Ground Owner 380V electrical poles:1000.00yuan/no. attachments 220V electrical poles: 800.00yuan/no. Tombs: 100.00yuan/no.

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6. Institutions Chart 1 Institutional Framework Chart

PPO

HPLG

Survey HPO HHRO HLB and Design (RRS) Monitoring Agency and Evaluation

(HWCI) the DLB Agency

Households EPTA Removed

affected (NRCR) by temporary land

acquisition QTG XTG

DVC SVC QVC

Affected Affected Affected

households households households

ABBREVIATION : PPO Heilongjiang Provincial ADB Project Office HPLG - Harbin ADB Project Leading Group HWCI - Harbin Water Conservancy Planning, Design and Research Institute HPO - Harbin ADB Project Office RRS - Resettlement and Removal Section under the jurisdiction of HPO HHRO - Harbin House Removal Administration Office HLB - Harbin Land Bureau NRCR - National Research Center for Resettlement of Hohai University EPTA - Entity with property title of the attachments on the acquired land DLB - Harbin Daoli District Land Bureau QTG - Qunli Township Government XTG - Xinfa Township Government SVC - Songjiang Villagers' committee QVC - Qunli Villagers' committee DVC - Dongming Villagers' committee

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7. Participation and Consultation

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

1) Consultation Meetings

In three months previous land acquisition, symposiums will be held with the participations of rural residents, village cadres and female representatives to collect their opinions and suggestions.

2) Public Meetings

In a month previous land acquisition, before the implementation of RP, public meetings should be held to explain relative policies, laws, compensation standards and resettlement schemes to the affected people so that they can make knowledge and arrangement early.

3) Participation of Village Cadres and Resettlers Representatives in Land Acquisition and Resettlement

In the implementation, the village cadres and the relocatee representatives will participate in on site investigation and final determination of the quantity of land acquisition and in the consultation about compensation standards and resettlement scheme together with HPO and other relative authorities. Through democratic consultation, the villagers' committees will determine the land readjustment scheme, the compensation fee usage scheme, the land compensation fee investment and benefit distribution scheme and so on.

8. Disclosure

1) Publicize the policies about land acquisition and removal through the mass media including newspaper, radio and television.

2) Issue Bulletin about Land Acquisition and Removal The major contents of the bulletin include the brief description of the Project, the scope of land acquisition, the resettlement policies (involving compensation standards), the responsible institutions, the schedule of land acquisition and removal, the rights and duties of relocatee, grievance and appeal, monitoring and evaluation

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etc.

3) The RP and the Resettlement Information Manual will be prepared completely and be issued and published before Nov. 20, 2001. The RP in Chinese will be sent to Qunli Township Government, and the Resettlement Information Manual in Chinese will be sent to APs. and

4). Meantime, the RP in Chinese and English will be prepared and sent to ADB RMC in Beijing as well as ADB in Philippines.

9 Vulnerable Households

Through Survey, the vulnerable households have not been found among affected households. If the vulnerable households are found during implementation, the vulnerable household will be given the following help to reduce the impact to them by the project: 1. Labor help. The village committee will help the vulnerable households to move into new apartments and rebuild their barns according to their willing, the village committee will take responsible for arrangement of labors doing the work mentioned above. 2. Subsidy for vulnerable households. The project will establish a special fund to subsidize the vulnerable group in order to improve their living standard on a certain extent. The fund will be managed by village committee and it will be used specifically on vulnerable group.

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10 Appeal Procedure

Stage 1 If any relocatee does not agree with compensation rate or rehabilitation measure, he/she can lodge a written or oral complain to Daoli Removal Office (DRO) or DLB. In case an oral complaint is made, it will be recorded on paper and resolved by DRO or DLB within 2 weeks.

Stage 2 If the relocatee is dissatisfied with the resolution of Stage 1, he/she can appeal to HPO or HLB after receiving the decision. A reply should be made by HPO or HLB to the appeal within 2 weeks.

Stage 3 In case the relocatee is still not satisfied with the revolution of Stage 2, he/she can appeal to HPLG asking for administrative arbitration after receiving the decision of HPO or HLB. The arbitration institutions should make arbitral decision within 3 weeks.

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

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11 Funds Flow The funds flow is presented in Chart 2:

FA

HPO

RO & LAB

EE

PU RH CUG OA

CH

Chart 2 Resettlement Funds Flow

ILLUSTRATION FA - Financial allocation HPO - Harbin ADB Project Office RO - Resettlement Offices LAB Land Administration Bureau RH - Removed households EE - Enterprise Entities PU - Public undertakings OA - Owner of attachments on land CUG - Collective villages or groups CH - Contracted households

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12 Monitoring and Evaluation

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

1. Internal Monitoring

The HPO will set up an internal monitoring operation mechanism to examine the resettlement activities. All APs will be monitored, and an internal monitoring and examination will be carried out to the overall procedure of LAR, using the resettlement action plan and a basic database about LAR established by HPO.

During implementation period, HPO will collect and record the information about resettlement and restoration of the APs affected by land acquisition, the villagers affected by temporary land acquisition and the APs affected by house removal, transfer the action records with the implementation schedules to PPO in time to keep the continuity of the following monitoring activities: l Land compensation fee paid to the APs and affected villages l Compensation and restoration for temporary land acquisition l Compensation and relocation for house removal l Schedule of above activities l Implementation of the policies regulated by the RA l APs' participation and consultation in the implementation l Personnel, training, working timetable and working efficiency of the resettlement implementing agencies

2. Internal Monitoring

The independent monitoring agency (IMA) will carry out monitoring based on the surveyed data used by the resettlement implementing agencies.

The IMA will carry out tracking monitoring and evaluation to the implementation of the RP and put forward consultative opinions for decision making.

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The IMA will go to the land acquisition and removal sites for investigation, and provide technological consultation and direction on the establishment of the RP and on the supplemented survey of socio-economic data. The IMA will develop some activities as follows

1) Base Investigation

2) Regular Monitoring and Evaluation

The IMA will make regular tracking monitoring once a year during the implementation period of the RA. Through in-situ observation, sample tracking investigation and informal interview, the IMA will monitor l Payment and amount of land compensation fee l Compensation for house removal l Standards of production and living of the APs l Implementation schedule of resettlement l Institutional arrangement for resettlement

3) Public Consultation

The IMA will participate in the public consultations held during the preparation and implementation of the RP, consequently to evaluate the effect of public participation.

4) Complaints

The IMA will interview some institutions during monitoring, will go deep into HPO and other implementing agencies which can resolve complaints to enquire the transaction of complaints, and will meet the APs who have complaints. Aiming at the existing issues, the IMA will put forward measures and suggestions to make the implementation of resettlement more effectively.

oOo

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