Resettlement Planning Document

Document Stage: Final Project Number: 37641 July 2010

L2244-PRC: Hunan Flood Management Sector Project

Final Resettlement Plan for Shadong County (English)

Prepared by the Hunan Provincial Government.

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

GSDS Certificate Grade A No.180105-sj GSDK Certificate Grade A No.180105-kj GZ Certificate Grade A No. 1032523001 S B Z Certificate Grade A No. 0 2 7

Hunan Province Shaodong County

Urban Flood Control Project Utilizing ADB Loans

Resettlement Plan

Hunan Provincial PMO of Urban Flood Control Project in Hilly Region Utilizing ADB Loans Shaodong County PMO of Urban Flood Control Project Utilizing ADB Loans Hunan Province Hydro and Power Design Institute June, 2009

Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Approved by: Xiao Wenhui

Ratified by: Zhang Kejian

Examined by: Xie Dahu

Checked by: Yu Bo

Compiled by: Zhao Gengqiang

Main Designers: Zhao Gengqiang Zhang Tao Pei Xijun

Guan Yaohui Su Minghang Ren Ning

Yu Bo Fan Jianyang Cai Yi

i Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Contents

Objectives of Resettlement Plan & Definition of Resettlement Vocabulary...... 1

Summary of Resettlement Plan for Shaodong Urban Flood Control Subproject...... 3

1. General Description of Project...... 9 1.1 Project Background...... 9 1.2 General Situation of Project ...... 11 1.2.1 Areal Geography Location ...... 11 1.2.2 Contents and Scale of Project Construction ...... 11 1.2.3 Project Investment Estimation and Planned Progress...... 12 1.3 Affected Scope of Project ...... 13 1.4 Compilation of Resettlement Plan ...... 13 1.4.1 Basis and Objective for Report Compilation ...... 14 1.4.2 Method of Report Compilation...... 14

2. Project Impacts ...... 16 2.1 Measures for Avoiding or Reducing the Land Acquisition and Relocation Impacts to the Minimum ..16 2.1.1 Measures for Reducing the Land Acquisition Impacts in Project Design Phase ...... 16 2.1.2 Measures for Reducing the Impact due to Land Acquisition in Project Construction ...... 18 2.2 Investigation on Project Impacts...... 19 2.2.1 Investigation Contents...... 19 2.2.2 Investigation Method ...... 19 2.3 Investigation Results on Project Impacts...... 20 2.3.1 Land Affected by Project...... 22 2.3.2 Affected Population Due to Project ...... 26 2.3.3 Houses and Auxiliary Facilities to Be Demolished ...... 27 2.3.4 Affected Individuals Engaged in Small-scale Business...... 30 2.3.5 Affected Enterprises and Institutions...... 30 2.3.6 Affected Special Facilities by the Project ...... 32 2.3.7 Affected Vulnerable Groups Due to Project ...... 32

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2.4 Impact Analysis of Project ...... 36 2.4.1 Project Impact Characteristics...... 36 2.4.2 Impact Analysis Evaluation...... 36

3. Natural and Socio-Economic Conditions of the Project-Affected Areas...... 38 3.1 Natural Conditions of the Project-Affected Areas ...... 38 3.2 Socio-Economic Conditions in the Affected Areas of Project...... 40 3.3 Socio-Economic Conditions of Townships (Sub-districts) and Villages in the Affected Areas of the Project...... 41 3.4 Basic Conditions of Relocatees...... 45 3.4.1 Investigation Objectives...... 45 3.4.2 Investigation Content...... 45 3.4.3 Investigation Method and Procedure...... 46 3.4.4 Investigation Results and Analysis ...... 47 3.5 Social and Economic Effects for Resettlement to the Affected Population ...... 49

4. Legal Framework and Policy...... 52 4.1Main Chinese Laws & Regulations and Policies for Resettlement ...... 52 4.1.1 Policy Bases...... 52 4.1.2 Relevant Laws and Regulations ...... 53 4.2 Relevant Articles of the ADB ...... 65 4.2.1 Policy Bases...... 65 4.2.2 Relevant Policies and Regulations ...... 65 4.3 Compensation Standards for Project...... 66 4.3.1 Compensation Qualification...... 66 4.3.2 Compensation Principles...... 67 4.3.3 Compensation Reference and Standard for Land Acquisition ...... 68 4.3.4 The Relocation Compensation Reference and Standards for Residential House and Auxiliaries....72 4.3.5 Compensation Reference and Standards for Affected Individuals Engaged in Small-scale Business ....75 4.3.6 The Compensation Reference and Standard of Affected Enterprises and Institution ...... 75 4.3.7 Compensation Reference and Standard of Special Facilities Affected by the Project ...... 76 4.4 Table of Entitlement Matrix ...... 82

5. Resettlement and Rehabilitation Measures ...... 87

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5.1 Resettlement and Rehabilitation Strategies ...... 87 5.1.1 Resettlement and Rehabilitation Objectives ...... 87 5.1.2 Principles and Guidance for Resettlement...... 87 5.2 Resettlement Population Calculation...... 89 5.2.1 Economic Rehabilitation Populations...... 89 5.2.2 Resettlement Population of House Demolition and Relocation...... 93 5.2.3 Affected Population Due to the Temporary Land Acquisition...... 93 5.3 General Scheme for Resettlement ...... 93 5.4 Environmental Capacity Analysis ...... 94 5.5 Resettlement Plan...... 95 5.5.1 Plan for Livelihood Rehabilitation ...... 95 5.5.2 Economic Rehabilitation Planning for Resettlers...... 99 5.5.3 Resettlement Villages Planning ...... 108 5.6 Rehabilitation Plan for Affected Commercial Units ...... 121 5.7 Rehabilitation Plan for Affected Enterprises and Institutions ...... 121 5.8 Planning of Relocation and Reconstruction Special Facilities ...... 121 5.8.1 Transport Facilities ...... 121 5.8.2 Transformer Facilities ...... 121 5.8.3 Broadcasting Lines...... 122 5.8.4 Water Conservancy Facilities ...... 122 5.9 Vulnerable Groups Resettlement and Rehabilitation...... 122

6. Institution and Responsibilities...... 124 6.1 Resettlement Engaging in the Resettlement Planning ...... 124 6.2 Institutions and Responsibilities of Resettlement Implementation Management ...... 124 6.2.1 Institutions ...... 124 6.2.2 Responsibilities...... 124 6.3 Supervision Institutions ...... 128 6.4 Resettlement Management System ...... 129 6.5 Personnel and Facilities of Resettlement Institution...... 129 6.5.1 Personnel Arrangement...... 129 6.5.2 Facilities...... 129 6.6 Training Plan ...... 130 6.6.1Resettlement Administrator Training Plan...... 131

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6.6.2 Production Skills Training for Resettlers ...... 131 6.6.3 Investment on Resettlement Training and Planning ...... 132 6.7 Measures for Institution Consummating...... 132

7. Public Participation and Harmonization with Residents in Resettlement Area...... 134 7.1 Public Participation Strategies...... 134 7.2 Approaches and Measures of Public Participation ...... 134 7.2.1 Participation Approaches...... 134 7.2.2 Participation and Consultation Measures ...... 134 7.3 Public Participation in the Process of Resettlement Planning ...... 135 7.4 Public Participation and Plan in Implementation of Resettlement Plan ...... 138 7.4.1 Participation in the Houses Rebuilding and Resettlement ...... 138 7.4.2 Participation in Production Resettlement...... 138 7.4.3 Participation in the Usage and Management of Land Compensation Fee...... 138 7.4.4 Participation in Project Construction...... 138 7.5 Women Participation ...... 139 7.6 Harmonization with the Residents in Resettlement Area...... 139

8. Appeal Procedure ...... 141 8.1 Possible Complaint and Problems Solving Methods ...... 141 8.2 Appeal Channel and Procedure...... 142

9. Environment Protection and Management ...... 144 9.1 The Necessity of Environment Protection...... 144 9.2 Clean-up of Relocation...... 144 9.3 Environment Management of the Resettlement Area...... 144

10. Monitoring and Evaluation...... 146 10.1 Internal Monitoring...... 146 10.1.1 Internal Monitoring Agency Organization...... 146 10.1.2 The Objective of Internal Monitoring...... 146 10.1.3 The Content of Internal Monitoring ...... 146 10.1.4 The Responsibilities of Internal Monitoring ...... 146

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10.2 External Monitoring ...... 147 10.2.1 Independent Monitoring & Evaluation Agency ...... 147 10.2.2 The Objective of Independent Monitoring & Evaluation...... 147 10.2.3 The Contents of Independent Monitoring & Evaluation...... 148 10.2.4 The Methods of Independent Monitoring& Evaluation ...... 149 10.2.5 The Procedure of Independent Monitoring & Evaluation ...... 151 10.2.6 The Period, Frequency and Standard of Monitoring & Evaluation ...... 151 10.3 The Evaluation of Resettlement ...... 152

11. Resettlement Budget ...... 153 11.1 Compilation Reference and Principle ...... 153 11.1.1 Main References...... 153 11.1.2 Compilation Principle ...... 153 11.2 Resettlement Compensation Fee ...... 154 11.2.1 Land Compensation...... 154 11.2.2 Compensation for Houses and Auxiliary Facilities ...... 154 11.2.3 Compensation for Infrastructural Facilities...... 154 11.2.4 Relocation Transportation Fee...... 154 11.2.5 Compensation for Enterprises and Institutions...... 155 11.2.6 Subsidies for Vulnerable Group ...... 155 11.2.7 Resettlement Compensation Investment ...... 155 11.3 Compensation for Special Facilities...... 155 11.4 Other Costs ...... 159 11.5 Basic Contingency Fee...... 160 11.6 Relevant Tax...... 160 11.7 Total Budget...... 161 11.8 Annual Fund Use Plan...... 163 11.10 Fund Appropriation ...... 165 11.10.1 Appropriation Principle...... 165 11.10.2 The Organ in Charge of Resettlement Finance...... 166

12. Resettlement Progress Arrangement...... 168 12.1 Principles of Resettlement Progress Arrangement...... 168 12.2 Progress Plan...... 168

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12.2.1 Resettlement Implementation Progress Plan...... 168 12.2.2 Resettlement Implementation Schedules ...... 169 Appendix 1: Resettlement Information Booklet ...... 171

Attached Figure 1: Schematic Drawing of Geographic Position of Shaodong County Urban Flood-control Project

Attached Drawing 2: Land Acquisition Scope Schematic Diagram of Shaodong County Urban Flood Control Project

Attached Drawing 3: Typical House Structure for Rural Resident of Shaodong County Urban Flood Control Project

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viii Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Objectives of Resettlement Plan & Definition of Resettlement Vocabulary

This resettlement plan (RP) is developed according to the policies and stipulations of Asian Development Bank as well as the relevant laws and regulations of Hunan Province and People’s Republic of China. This document is aimed to provide an action plan for the resettlement and rehabilitation of people (affected persons) affected due to the project, to ensure that they will be benefited from this project, and their living standard will be improved or at least restored after project completion. The resettlement plan is a legal restraint document between the executive agency (Project Management Office) - Key Project Management Office under Hunan Province Water Resources Department, and ADB, as well as local project implementation agencies. With this, the Key Project Management Office under Hunan Province Water Resources Department shall be fully responsible to ensure sufficient funds available for the implementation of resettlement plan, and smooth implementation by relevant county governments. The Resettlement Plan compiled by Hunan Province Hydro and Power Design Institute will be formally approved by the Hunan Province Water Resources Department representing the Hunan Province People’ s Government. In the development project, the land acquisition and resettlement will bring about the unfavorable influence in the life of people who are living or working on these lands. “Project-affected people” refers to those persons whose production or life is unfavorably affected due to the land acquisition and relocation in project, including: 1) Persons whose lands (including housing plots, lands for public facilities, farmlands, forest land, land for animal husbandry, fisheries and sideline activities), structures (private houses and attachments, enterprise structures, or public buildings, etc.), rights and interests or other properties are partly or wholly, temporarily or permanently requisitioned; 2) Persons using the above-mentioned lands, structures or properties; or the people whose businesses, work, residential area or living custom is unfavorably affected. 3) Persons whose living standard is unfavorably affected due to the land acquisition and relocation. Definition of “Project-affected Persons”: The said “Project-affected Persons” refers to group which is affected, for the implementation of project, in the following fields: a) The living standard is affected or would-be-affected unfavorably; or b) The ownership of any house, rights or interest, land (include housing plot, cultivated land and pasture) or other movable estates or real estates are temporarily or almost permanently taken over or occupied; or c) The people whose business operation, occupation, work or living or accustom is unfavorably affected. “Project-affected Persons” can be individuals, or legal representatives such as enterprises or public

1 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute institutions. The definition of “Project-affected Persons” shall not bring any limitation on the legal registration, permission to live or ongoing business in the affected area, or bring any limitation to the compensation on its properties. Therefore, it includes: 1) All the affected persons who shall not be subject to their legal rights or their presence in acquiring their properties. 2) Persons who live in the given areas, but have no habitation permission. Therefore, all these affected persons, taking no account of their properties, lands or location, shall be considered and recorded as the affected persons. All the affected persons due to the project shall be compensated to improve or at least recover their living standard. In addition, their lost assets shall be compensated according to the replacement cost, no discounting or reduction on the compensation sum is allowed under the cover of depreciation or other excuses. All the affected persons shall have their rights and interests for the impact they will receive. Moreover, for rehabilitation, assistance shall be offered in addition to the compensation for property loss. Among the project-affected persons, those who run business, develop new farmland or build in project area without formal legal titles, asset ownership, or legal permission to live, shall be treated same as the persons who have the formal legal assets, rights and interests, or permissions, to be helped to restore their livelihood and get compensated for the lost properties. Definition of “Resettlement” mainly comprises: 1) Relocate the living arena; 2) Find a new job for the person whose job is affected; 3) Restore or rehabilitate (or compensate) the affected lands, workplaces, woods, and infrastructures, etc.; 4) Restore the living standard (quantity of life) for the persons who are unfavorably affected due to the land acquisition, indirect resettlement, or other projects; 5) Restore or compensate for the affected persons or government enterprise; 6) Restore the damages caused by unfavorably impact on culture or common properties. Definition of “Rehabilitation”: “Rehabilitation” means restoring the ability of carrying on the production activities for the project-affected persons, or elevates their living standards or at least keep their living standards at the levels before the project. This “Resettlement Action Plan” is aimed to provide a resettlement and rehabilitation plan for the project-affected persons so that their losses will be compensated; their living standards will be improved or at least restored to their present conditions. The affected business and manufacturing resources, enterprises (include shops), and public facilities and infrastructures shall also be improved or at least recover to the level before launching project.

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Summary of Resettlement Plan for Shaodong Urban Flood Control Subproject

A. Status of Resettlement Plan 1. The proposed Hunan Province Shaodong County Urban Flood Control Project will finance the following items in Shaodong County of Shaoyang City along Shaoshui River: newly-built embankment of 11.704km, 7 newly-built sluices, 1 newly-built Majiawan flood diverging canal of 1.53km, newly-built Jinlong flood diversion channel of 2.34km, and 1 newly-built waterlogging drainage pumping station of 540kW. The resettlement plan includes all the above parts, and all the project impacts and resettlement measures are based on the preliminary design and a detailed survey of all the indices. The resettlement modes and compensation standards have been reviewed and endorsed by Shaoyang County People’s Government in the project area. The next stage technical design will be based on the preliminary design, so the basic scheme and project impact scope will not have any major changes. If there are changes during technical design or implementation, an updated RP will be prepared and submitted to ADB for concurrence. 2. The project executing agency for the Hunan Flood Control Project is the Key Project Office of Hunan Province Water Resources Department (HPWR). For the proposed Shaoyang County Urban Control Subproject, the Local Project Management Office (LPMO) in Shaoyang Water Resources Bureau is the project implementation agency. This resettlement plan has been prepared by LPMO under the guidance of PPMO and assistance of Hunan Hydro and Power Design Institute (HHPDI) and ADB consultants.

B. Scope of Land Acquisition and Resettlement 3. The proposed Shaodong County Urban Flood Control Project will affect 1 town, 14 village (residential) committees, and 32 villager’s groups. According to the detailed impact survey, about 58 ha of land will be acquired, 97 percent of which is cultivated land (including, paddy field, 72 percent, dry land, 17 percent, and commercial vegetalbe land, 8 percent). The remaining 3 percent is garden land, water pond, woodland, and the state-owned land. The land of 30 ha will be occupied temporarily during the construction period. Based on per capita farmland in affected villages, the land acquisition will affect 793 households and 2210 persons, including 47 persons in 19 households and 69 employees of enterprises and institutions impacted by temporary land acquisition, and 945 persons in the affected area need full economic rehabilitation. On average, each affected village would lose 0.029 ha of cultivated land, which represents 67.1 percent loss of their current cultivated land. 4. Along with land acquisition, a total of 13666 square meters of buildings would be demolished, of which,

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the residential house is 9151 square meters, and the non-residential house is 4515 square meters. The demolition would involve 26 households with 164 persons and 69 employees in 4 enterprises and institutions. Of which, 93.52% of houses are brick-concrete and brick-wood structures, and the simple structure accounts for 6.48% of houses to be demolished. The relocation will provide an opportunity to improve current housing condition for relocated households. For affected rural households, they will be moved to a location not far from their original village, while for affected urban households, they will be relocated to the resettlement sites in the urban area with better conditions. 5. Other affected assets include traffic, telecommunications and electrical infrastructure, boundary walls, sunning ground, well, pond, and economic trees. All lands, housing and other assets will be compensated at replacement value.

C. Policy Framework and Entitlements 6. For people unavoidably affected, the resettlement objective is to achieve equal or better income and living standards in line with the PRC Land Administration Law (1998) and the ADB’s Policy on Involuntary Resettlement. The Key Project Management Office under HPWR and Shaodong County PMO will ensure that any people losing land, housing, other assets or income source will be assisted to fully restore their income and living standards. The Hunan Provincial Government in 2000 issued a Methods of Hunan Province for Implementing the Land Administration Law of PRC, which stipulates the regulations for land compensation, resettlement subsidies, young crop compensation, house compensation and other measures to carry out resettlement. According to the policy, the total compensation (land compensation, resettlement subsidy and young crop) will be set at Y22517 per mu for irrigable land, Y15498 per mu for dry farmland, Y41162 per mu for commercial vegetalbe land, Y20076 per mu for the orchard; Y21968 per mu for water pond, Y10160 per mu for the timber forest land; Y100000 per mu for industrial land of the state-owned land, and Y46667 per mu for the residential house land. Those people losing land temporarily during construction will receive a payment equivalent to production value foregone for the period of loss, which is expected to be 2 years. The land used temporarily will be restored by the contractor to the original condition, or else additional funds will be provided to the owner to restore the land. For structures to be demolished, replacement value will be provided to the affected households based on compensation rates adopted in the affected districts, which is Y315~395 per square meter for brick-concrete structure, and Y236~302 per square meter for brick-wood structure. For affected households, they will be provided with funds, as for rural households, they will be provided with new housing sites to be connected with road, electricity and water within the current village group or administrative village; for those affected urban households, they will be provided with a resettlement area with better conditions. In principle, the urban residents will be provided with

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cash compensation based on replacement housing, including Y70 per square meter for acquired urban residential land areas. There will be no reduction in house compensation for depreciation, and people will be allowed to salvage materials from their old houses.

D. Resettlement Strategy 7. Efforts to minimize resettlement effects have been made after consultations with local officials during the setting of the alignment in the initial feasibility study. The adjustment of the preliminary design and research has resulted in 41 percent reduction of irrigable land, that is, 660mu, 56.64% reduction of house demolition, and the number of relocated households was kept to only 26. For those unavoidably affected, the resettlement strategy is to replace losses of housing, land, other assets, infrastructure and income. 8. The cultivated land of 842 mu will be permanently occupied by the project, and 774 households with 2163 persons will be affected by permanent land acquisition. Though, these impacts are distributed among villagers of affected 32 groups in 9 villages widely, on average, 93.56 mu per village, 2.19 mu per household or 0.43mu per capita, therefore, it would bring a big impact on agricultural production in the affected villages and groups, while revenues of local villagers mainly come from non-agriculture (the agricultural income is RMB 2648 yuan, 11.34 percent of their total revenue of RMB 23353 yuan), accordingly, the actual loss is inessential. As for some affected villages and groups, they hold more residual cultivated land per capita after land acquisition, the impact from the land acquisition could be eliminated by land adjustment within the group and proper compensation. After having consulted with affected villages and individuals, the detailed economic development plan has been prepared for these affected villages, and listed in the Resettlement Plan. According to the Resettlement Plan, all affected persons could regain the land by the land adjustment within their villages, so as to guarantee all villagers will have abundant revenue sources. Those villages which adopt the land adjustment measures will improve the plantation condition and structure, develop the economic crops, as well as carry out various non-plantation activities with the compensation fees. 9. The Key Project Management Office under HPWR and Shaodong County PMO will ensure that the resettlement entitlements are provided to the people affected prior to the ground leveling and demolition commencement. Land compensation and resettlement subsidy will be paid to the affected village collectives or individuals. Housing compensation and compensation for young crops and other assets will be provided directly to people losing those assets. Compensation for infrastructure such as electrical and communication fixtures will be paid to the concerned government departments for restoration. 10. The resettlement regulations have standard provisions for moving allowances to assist the affected

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people during the transition phase. Also, the contractors for the project will be requested by the Key Project Management Office under HPWR and Shaodong County PMO to give priority to resettlement affected households in the allocation of unskilled jobs during construction. This will be handled through consultation with the township and village leaders.

E. Institutional Arrangements 11. Hunan Provincial Project Management Office (PPMO) will assume the overall responsibility for implementing resettlement for Hunan Provincial Flood Management Sector Project. Hunan Provincial Resettlement Management Office of PPMO will provide guidance to the overall project implementation, take charge of coordination of working relationships among relevant project counties and districts and ensure successful implementation of both civil works and resettlement for all subprojects. For proposed Shaodong Subproject, Shaodong County City People’s Government will set up Shaodong County project leading group in order to reinforce the guidance to the management of project implementation, coordinate working relationships among relevant townships and towns, and ensure successful implementation of the resettlement program. Under the county project leading group, Shaodong Project Management Office is set up to be responsible for project implementation. Within LPMO, a resettlement management office is set up to carry out functions of resettlement planning and implementation for the subproject. With the assistance of concerned townships and villages, the resettlement management office is responsible for consulting with APs, delivering entitlements, supervising resettlement implementation and conducting resettlement monitoring and evaluation.

F. Vulnerable Group 12. Based on the survey, project-affected persons are all from the Han nationality, no ethnic minority. 13. Of the total affected people, about 1.5 percent is the affected vulnerable groups of 33 persons in 11 households. Most of them are the urban poor people who are entitled to urban minimum living allowance and widowed old people. Under the Resettlement Plan, vulnerable groups will receive the following additional assistance: (i) physical help in housing construction and relocation free of charge and (ii) a special subsidy will be paid to enable them to maintain their living standards while constructing their houses. The specific amount for such assistance will be determined according to the actual condition and their needs. For this purpose, the Key Project Management Office under HPWR and Shaodong County PMO agreed to set aside a special fund with 1 percent of total resettlement cost, which will be used to provide direct and needed help for those vulnerable people.

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G. Consultation and Grievance Redress 14. The Land Law of 1998 requires disclosure and consultation with people affected. The people affected have been notified about the key elements of the RP during meetings and interviews. Prior to implementation, there will be further consultations arranged by township and village officials to discuss specific impacts in each village and how they will be addressed. The people losing housing will be offered a choice of housing sites; and those losing agricultural land will have the opportunity to consider suitable income replacement alternatives. All villagers will also have input to decisions on how to utilize the collective compensation funds. 15. In July 2009, a resettlement information booklet will be distributed to all affected townships, villages and households by the Shaodong Resettlement Office. The information booklet contains the resettlement scope, expected timeframe, compensation rates for land and other assets, other assistance to replace assets, relocation and economic rehabilitation strategies, and the grievance redress mechanisms. The county, township and village officials will ensure that any concerns raised by the people affected are quickly addressed. 16. In case of grievance, people affected will submit their oral or written complaint first to the village committee or the township resettlement office. If their complaint is not settled in two weeks, they can seek redress at the county resettlement office of Shaodong County PMO within one month. If still unresolved within one month, the PRO of HPWR will try to achieve a solution. The final redress would be sought, if necessary, in the civil courts, in accordance with the Civil Procedures Act.

H. Monitoring and Reporting 17. The detailed plan for internal and external monitoring and evaluation is included in the RP. The Shaodong County PMO will engage a qualified monitoring agency to carry out independent resettlement monitoring and evaluation. The independent monitoring agency will ascertain the extent to which the affected people have (i) received their full entitlements on time and (ii) fully restored their livelihoods, income levels and living standards. It will also conduct a baseline survey prior to resettlement, semi-annual investigations during resettlement and annual survey updates for two years after the completion of resettlement. The household survey will include a representative number of those severely affected by loss of land, those losing housing, and those classified as minority and economically vulnerable. 18. Under the leadership of the Key Project Management Office under HPWR, Shaodong Subproject PMO will set up a quarterly reporting system and will report to PPMO on the progress of land acquisition and resettlement through resettlement progress reports. The Key Project Management Office under HPWR will provide ADB progress reports on the progress of land acquisition and resettlement. The selected

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external monitoring and evaluation agency will provide the independent monitoring and evaluation reports to LPMO, which will also be submitted to ADB through PPMO. The external monitoring and evaluation reports will be prepared twice a year during resettlement implementation and once a year after resettlement completion. After completion of land acquisition and resettlement, the PRO of LPMO will prepare a resettlement completion report, which will be submitted to ADB through PPMO.

I. Finance and Implementation Schedule 19. The RP budget estimate is RMB 45.6256 million yuan, for all costs including compensation, resettlement subsidy, payments for other assets such as housing, moving allowances, subsidy for vulnerable groups, fees for resettlement administration, and monitoring and evaluation. The LPMO will guarantee to supplement the resettlement budget, as may prove necessary, to meet any shortfall which emerges in achieving the resettlement objectives. 20. The resettlement schedule has been prepared according to the project construction schedule approved by the EA. It is planned to conduct the land acquisition from August 2009 to June 2010. And the house demolition will be carried out from August 2009 to June 2010. In the progress schedule, it is planned to develop and readjust the cultivated land in the third quarter of 2009 as well as resume the livelihood and living conditions in June 2010 completely.

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1. General Description of Project

1.1 Project Background Hunan Province is located on the south bank of middle reaches of Changjiang River, bordering Jiangxi Province on the east, neighboring the Wuling Mountains on the south, connecting Guangdong Province and Guangxi Province, and close to the Guizhou Province and Chongqing City with the unbroken mountains in Guizhou and Chongqing areas. Changjiang River separates Hunan Province and Hubei Province on the north, and nearly 70% cities of Hunan Province are located in mountainous areas or hilly areas. These cities lie in the areas with relatively high ground elevation, and the landform varies greatly. These areas are subject to the flash flood though they are affected little by the Dongting Lake and the propping of tail water level of the four rivers. Because the river level in mountainous areas rises sharply and abruptly with great flow velocity, the cities along the river are always destructively damaged. In November of 1999, Hunan Province Hydro and Power Design Institute worked out the report on urban flood-control planning in Hunan Province according to Flood-control Planning Outline for Changjiang River Drainage Area and Compilation Outline for Urban Flood-control Planning (Ministry of Water Resources [1998] No.215 Document). This report covers 91 cities, plans for the 18.3 million urban populations, and 2253km2 urban areas. The embankment-construction-oriented project plan is determined in the report, and the existing embankments to be heightened and reinforced are 1037.16km in total, and the would-be-built embankments total 600.53km. Only the cities of above-county-level and once seriously damaged by the flood in the mountainous areas in Hunan Province will be covered by this urban flood-control project in this time. They shall be the economy developed area, such as Xiangtan, Zhuzhou, and Hengyang, which are all the very important industrial cities, boasting the various industries of machinery, electricity, metallurgy, chemicals, building materials, paper making, mining, medicament, and foodstuff. And, of the local areas these cities shall be the financial, communications, and business centers as well as the science and education centers, where the municipal or county government is located, and moreover the distributing center of agricultural produce, industrial product, and commodities. Their economic status is very important. These cities are the main centers of the economic development of those areas with dense population, and are clustered with properties. If these cities are submerged or suffered great losses, the economic development of local areas will be seriously affected. In addition, the manpower and material resources are abundant in these cities; it is the main rear base for flood-control and providing disaster relief. The

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submergence of these cities will bring the disaster relief and rehabilitation into a passive situation. In years, the government at every level in Hunan Province and the local masses took great pains and sacrificed a lot for fighting the floods in these cities, and enormous achievements were achieved. According to statistics, in the 36 urban areas undertaking the project, total 286.628 km long flood-control embankments, and 141 drainage sluices, and 124 drainage pump stations of 15648kw have been built. Because the flood-control works is improving slowly, the present urban flood-control standards of these cities are low, which are only for the 4-year-occurrence ~ 20-year-occurrence floods, and their waterlogging drainage abilities are only for floods between 3-year-occurrence ~ 8-year-occurrence, and only a few cities are in the fortified status, while most cities are undefended or incompletely defended. At present, the urban flood-control standard in project area is low. The flood disasters hit there in successive years. According to historical record, great floods occurred in 1980, 1981, 1983, and 1988 after the frightful flood cataclysms in 1954 and 1955. The losses caused by flood and waterlogging rose year after year. In 1990s, flood disasters frequently happened, and the losses due to the flood disaster rose sharply. In 1991, 1994, 1995, 1996, 1998, and 1999, large floods and waterlogging disasters happened successively, which caused great losses. Many cities were submerged wholly or partly, and nearly all cities are damaged by flood and waterlogging to various degrees. In 1991, the losses caused by flood disaster amount to 760 million yuan; in 1993, the losses caused by flood disaster amount to 1870 million yuan; in 1994, the losses caused by flood disaster amount to 3090 million yuan; and the great floods in 1995, 1996 and 1998 each caused over 5000 million yuan losses, reaching 5610 million yuan, 10900 million yuan and 5973 million yuan respectively. Such enormous losses caused by flood and waterlogging disasters have seriously hindered the life and property of people in urban areas. Therefore, the construction progress and urban flood-control project strengthening shall be speeded up and beefed up to facilitate the economy development being in a speedy, stable and forward way. By constructing and perfecting the necessary flood-control and waterlogging treatment facilities, efforts shall be made to promote the beneficial and abolish the harmful so as to guarantee the safety of people’s lives and assets and to promote the economic development. The topography of Shaodong urban area along the river is flat, the flood risky range is big, there are concentrated properties and dense population in the flood risky range, moreover, the urban area has no defenses and in a natural status currently, no flood control and waterlogging drainage facilities, no flood control reservoir in the upper reaches of Shaoshui River and Chajiang River, and the urban flood control capacity only reaches 2~3-year-occurrence. Based on the investigation and analysis, the current 20-year-occurrence (P=5%) and 50-year-occurrence (P=2.0%) flood happens, the inundated urban area will reach 5.3km2 and 5.4km2 respectively, the inundated fixed assets will be RMB 132 million yuan

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and RMB 180 million yuan, the inundation depth will reach 2.0~4.15m and 2.3~4.5m, the stricken population will be 4400 and 6000, and the direct economic loss will reach RMB 55~75 million yuan. And, the flood control and waterlogging harnessing capacity is 2~3-year-occurrence only, it is not suitable for social status and rapid economic development of Shaodong County. With the constant enlargement of the urban scale and increase of population and properties, losses due to flood and waterlogging disaster will become bigger and bigger, in order to accelerate urban construction development of Shaodong County, guarantee safety of lives and properties of the people, as well as adapt to the demand of the economic development, it is necessary and urgent to accelerate the construction of the urban flood control and waterlogging harnessing project. As the city with urban flood control subproject utilizing ADB loans, through the implementation of the project, the flood control capacity of the protection circle of the urban area of Shaodong County could be elevated to 20-year-occurrence from the current 2~3-year-occurrence in the near term, and to 50-year-occurrence in the long term. The waterlogging harnessing capacity could be improved to 10-year-occurrence from the current 2~3-year-occurrence. Therefore, it will largely mitigate the flood control and flood passing burden of the urban area, and do good to normal sustainable development of the society as well.

1.2 General Situation of Project 1.2.1 Areal Geography Location Shaodong County is situated in the middle part of Hunan Province, as well as the middle reaches of Shaoshui River, the tributary of Zishui River. It borders on Shuangfeng County and Hengyang County eastwards, adjoins Qidong County southwards, marches with the suburb of Shoayang City and Shaoyang County westwards, as well as connects with Xinshao County and Lianyuan City northwards. it is an important traffic passage to the domestic southeast district and Yunan and Guizhou as well as other southwest districts, and the county-located Liangshitang is situated in the middle part to the northwest of the county. See attached drawing 1 for the Schematic Drawing of Geographic Position of Shaodong County Urban Flood-control Project. 1.2.2 Contents and Scale of Project Construction Shaodong County Urban Flood-control Project is a sub-project of hilly area urban flood-control project in Hunan Province utilizing the loans from ADB. The project covers flood control and waterlogging harnessing projects. The main works scale is as follows: 1) Shaodong urban flood control planning protective area is divided into Liangshitang, Xinglong, and

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Meiling protection circles, it is planned to newly build 7 flood control embankments, with a total length of 11.704km (including the earth embankment of 11.166km, and earth-rock embankment of 0.538km), slope protection of 3.704km, and bank protection of 3.069km. 2) 7 newly-built sluices. 3) Removal of Caojiaba river dam, the riverway dredging involves removal of 10 waste pumping rooms, 1 waste pier, and 4 waste slag pile yards. 4) 1 newly-built Majiawan aparting-flood canal of 1.53km, embankment building renovation to Tangjiaba drainage ditch of 3.22km, newly-built Jinlong flood diversion channel of 2.34km. 5) 1 newly-built waterlogging drainage pumping station of 540kW. 6) Construction of flood control command systems and configuration of necessary administrative facilities. 1.2.3 Project Investment Estimation and Planned Progress According to the Feasibility Study Report on Hunan Province Shaodong County Urban Flood-control Project Utilizing Loans from Asian Development Bank, which is compiled by the Hunan Province Hydro and Power Design Institute, the total investment of the project is RMB 127.90 million yuan, including the resettlement investment of RMB 45.6256 million yuan. Based on the project progress, the total construction time limit of the project is 34 months, of which, the project preparatory period and winding-up period occupies two months respectively, the construction preparatory progress period is arranged before August of the first year, the project completion period is arranged in May of the fourth year, the main works time limit is 23 months, and the progress is arranged from September of the first year to April of the fourth year. 1.2.4 Socioeconomic Benefit of Project After implementation of the urban flood control project, its flood control and waterlogging drainage capacities will be improved obviously, the flood control standard could be elevated to 20-year-occurrence (near term) from the current 2~3-year-occurrence, and the waterlogging harnessing standard could be elevated to 10-year-occurrence from the current 2~3-year-occurrence. Therefore, it could offer a superior environment to guarantee the safety of lives and properties of the people as can as possible; As the flood control embankment is integrated with the construction of urban roads, docks, renovation of the bank lines, sewage discharging pipelines, as well as other municipal works, it could not only relief the jumbly traffic status of the downtown area, but also beautify the environment, so as to offer a superior rest and entertainment sites for residents; moreover, with the enhanced flood control and waterlogging harnessing standard, it could largely mitigate threats to lives and properties of the people by flood and waterlogging disasters. In addition, it could reinforce the sense of safety of the people, guarantee that the people could live and work in peace and contentment, set a sound foundation for industrial and agricultural production, as well as bring out obvious social and economic benefits.

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Based on the economic evaluation analysis in the preliminary design report of the project, the accumulated economic net present value (ENPV) is RMB 60.95 million yuan (is=10%), the financial economic internal rate of return (EIRR) is 16%, all financial benefit indices are good.

1.3 Affected Scope of Project Based on the urban flood control planning of Shaodong County, the embankment line of Liangshitang protection circle starts from Matouling, reaches Meiziba, the confluence of Shaoshui River, along the right bank of Dahetang River, and then along the right bank of Shaoshui River, passes Dahetian, the machinery plant, Caojiaxinwu, Caojiaba, Dongjiawan, People’s Hospital, the weather bureau, Sixin bridge to Huangbeichong natural highland, afterwards, blocks in Tangjiaba, with a total length of 6.372km. The embankment could be divided into five sections approximately: section from Matouling to the county pencil factory, with a length of 2.403km; section from the county pencil factory to the paper-makiong mill, with a length of 0.196km; section from the paper mill to the weather bureau, with a length of 2.697km; section from the weather bureau to Huangbeichong, with a length of 0.812km; Tangjiaba section, with a length of 0.264km; the embankment line of Xinglong protection circle starts from Shujiayuanzi at the left bank of Shaoshui River, and ends in Sanfangtou via Jiangjiatai and Heshang bridge, with a total length of 3.011km; the embankment line of Meiling protection circle starts from Xinqiao village at the left bank of Shaoshui River, reaches Meiziba, the confluence of Dahetang River and Shaoshui River, and then ends in Huangshibian along the right bank of Dahetang River, with a total length of 2.321km. The major engineering measures with involvement of the relocation and land acquisition are the embankment reinforcement and newly building, the renovation and newly building of sluice and electric drainage station, and the temporary lands for project construction sites and borrow pit. The land acquisition areas and the areas in which the people’s livelihood and production will be seriously affected by the project construction shall all be regarded as the affected areas due to the project land acquisition and relocation. In this phase, the affected area due to the land acquisition and relocation in project is based on the recommended scheme in the project preliminary design phase, and the site is determined by laying out and regulating according to the design longitude and transversal profiles on 1/2000 topographic map, and the land acquisition and resettlement of the project will affect 14 villages (residential committees) and 39 villager’s groups of Liangshi town of Shaodong County. The final scope of land acquisition and relocation scope will be confirmed after detail measurement survey.

1.4 Compilation of Resettlement Plan

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1.4.1 Basis and Objective for Report Compilation 1.4.1.1 Basis for Design 1) Hunan Province National Economic and Social Development “the Tenth Five-year” Plan and Long Range Plan for 2015 2) Shaodong County National Economic and Social Development “the Tenth Five-year” Plan and Long Range Plan for 2015 3) Urban General Planning of Shaodong County (2001-2020) 4) Statistical Yearbook of Shaodong County (2002-2005) 5) Urban Flood-control Planning Report of Shaodong County 6) Feasibility Study Report on Hunan Province Shaodong County Urban Flood-control Project Utilizing Loans from ADB (Hunan Province Hydro and Power Design Institute) 1.4.1.2 Policy Foundation 1) National laws and regulations 2) Laws and regulations in Hunan Province 3) “Involuntary resettlement policy” of ADB (published in November of 1995) and “Resettlement Handbook ------practical and operable guidance on practice” (published in 1998) 1.4.1.3 Objectives of Policies 1) Adopt the engineering, technical, economic measures to avoid or minimize the quantities of physical goods to be removed and relocated; if the land acquisition and relocation is unavoidable, try best to adopt the effective measures to minimize the impact on the local residents due to the land acquisition and relocation. 2) In project preparation phase, conduct the social economy investigation and compile the relevant resettlement plan; 3) The resettlement shall be based on detailed physical indices in terms of relocated material goods and compensation standard in order to increase or at least restore the income and production levels for the affected people; 4) Promote resettlement in a developing mode. The resettlement from in the rural areas shall be land, land-based, supplemented with possible employment in second or tertiary industries. 5) Encourage the resettlers and original residents in resettlement area to take part in the resettlement planning; 6) Try best to resettle in the original community. 7) The resettlers and the former residents in resettlement area shall all be benefited from the project. 1.4.2 Method of Report Compilation The Key Project Management Office under the Water Resources Department of Hunan Province as project EA is responsible for overall resettlement preparation. The relevant resettlement design units,

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consulting units and local government shall all participate in the process. From March to April of 2006, the designers had conducted the general survey and statistics on the physical indices for the land-acquisition-affected area with the active support from local governments in project area. Based on census survey, detailed sample survey on social economic conditions and attitudes of the affected people was also carried out. In investigation, designer had consulted with the PMO (project management office) of Shaodong County and held several resettlement coordination meeting attended by the government department of every level and represents of resettlers from affected area. Comments were made on the resettlement plan, economic rehabilitation options, and compensation, which were the basis for developing resettlement plan. According to the current national policies, laws and regulations and the requirements on resettlement by ADB, the resettlement team carried out detailed analysis on the degree of impact and feasibility of proposed rehabilitation for each affected township (sub-district) in project area. According to the suggestion and opinions on resettlement plan for core subprojects set forth by TA experts from ADB, the resettlement plan for Shaodong County Subproject was finally prepared and approved by local people’s government in the project area.

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2. Project Impacts 2.1 Measures for Avoiding or Reducing the Land Acquisition and Relocation Impacts to the Minimum 2.1.1 Measures for Reducing the Land Acquisition Impacts in Project Design Phase Since the start of the project preparation, in order to reduce the impact on the local social economy due to the project construction, the design of flood control plan has been revised and improved for several times, and the special technical review meetings had been conducted. The objective of plan optimization is to minimize the scope of impact, reduce resettlement cost and facilitate the project construction. 1) In project planning and comparison phase, try best to consider more about the impact on the social economy due to the project construction, and take the project plan perfecting as the key factors in comparison of different alternatives. According to the dam condition, dike spacing layout, field survey of existing dike section as well as the river system, landform characteristics and urban construction situation, three schemes of dike spacing are proposed for Shaoshui River, viz 1) removal of Caojia Dam; 2) Dike spacing of 70m, 90m, 110m at the location above Caojia Dam; 3) Dike spacing of Daetang River: 40m. The items to be compared are referred to Table 2.1-1. Through comparison, Scheme II is preferable to be adopted, viz: 90m dike spacing. In addition, compared with Scheme III, Scheme II occupies less land by 117.58mu, dismantles fewer houses by 13600m2 and relocates fewer people by 477. Comparison of Dike Spacing Table 2.1-1

Scheme Scheme II Scheme III Remarks Item 1 Lifting natural water level (m) 0.05~027 0.04~0.18 Shaoshui River 2 Differential value of lifting water level (m) -0.01~0.09 Compared with Scheme II 3 Main works quantity of dike Earth excavation (m3) 175420 170158 Earth filling(m3) 950139 921635 Mortar rubble (m3) 11623 11623 Sand and pebble cushion (m3) 447 447 Sodding protection area (m2) 198493 192054 Land occupied by works (mu) 871.22 988.8 Demolition of houses (ten thousand m2) 1.37 2.73 People to be relocated (person) 1114 1591 4 Direct expense (ten thousand yuan) 7114.66 9089.49 5 Optimum scheme To be recommended

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Comparison of Dike Type: Earth dikes shall be applied to the dike section from machinery factory to slaughterhouse and earth-rock dike applied to the dike section of people’s hospital. See Table 2.1-2 for comparison of dike type Comparison for Schemes of Dike Type Table 2.1-2

Main Works Quantity Sand Direct Dike Earth to Earth and Land Houses to Expense Description of Expansion Mortar Sodding Dike Type Height Be to Be Pebble Occupied Be (Ten Remarks Dike Section Joint Rubble Protection (m) Excavated Filled of by Dike Dismantled Thousand (m2) (m3) (m2) (m3) (m3) Cushion (m2) (m2) Yuan) (m3) From Earth dike 4.6 9922 73612 20450 74.2 4515 993.8 machinery The similar factory to Earth-rock dike 4.6 17784 46337 497 1627 14588 11172 61.8 4064 1019.7 works quantity slaughterhouse of outer slope People’s Earth dike 5 6510 48084 14584 31.3 11577 767.8 is not included hospital Earth-rock dike 5 12703 33098 355 1162 10420 7679 22.4 4631 536.5

From Table 2.1-2, we can see that the both banks of Chuancheng River are the main urban area of Shaodong County, which is densely populated with many houses. It is the center of the whole urban area. All the schemes might avoid the houses relocation and resettlement on both banks to utmost. The adopted scheme can reduce the houses to be demolished by 6495m2. To reduce the relocation and resettlement as best as possible is in conformity to the principles of “involuntary resettlement policy”. 2) The direction of alignment shall try best to be based on the existing embankments. In design, try to reduce the area occupied; the alignment of dike along the river shall try best to be laid in the section without residents or with few resident. Try best to avoid the house demolition and taking the cultivated land of relatively good irrigation. In the densely populated area in cities and towns, the alignment of new dikes shall try best to keep away from the highrise buildings or multi-floor buildings to reduce the quantities of demolition and relocation. 3) Optimize the construction design, shorten the construction period, and reasonably arrange the house relocation and construction period, try best to reduce the losses of resettlers’ properties. For example, the house relocation and rebuilding shall be conducted in the farm slack season, and the land using shall be started after reaping the crops. Try best to utilize the wastelands as for the expropriated land on which the construction period is long (over two years). 4) In the design, fully consider the inconvenience brought about to the life and production of local residents due to the embankment construction. In general, for the convenience of local residents, recover the

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damages of channel system, mechanical pier, communications facilities and other infrastructures after embankment construction to keep the complete functions of infrastructures. 2.1.2 Measures for Reducing the Impact due to Land Acquisition in Project Construction The lands occupied in this project are distributed in linear form, and the whole project area will not have significient effects on the local industrial and agricultural production, basic livelihood and local economy greatly. The land acquisition and relocation along the linear area will not bring much impact. In order to minimize the impact on the local area, special attention will be paid to the layout of construction site and selection of construction scheme, and prevent the unnecessary land acquisition and house demolition. The following measures shall be adopted: 1) Before demolition and relocation, organize the relevant persons to conduct the on-spot survey. Try to remove less or do not remove the houses which is unnecessary to remove or can be partly removed in practical. 2) Before the demolition of the buildings due to the temporary land occupation by the project, report to the unit of owner by PMO to empty it. Or set up the temporary housing to be used in resettlement within the unit area. After the project completion, rebuild new buildings and return to the original owner or unit. 3) For the loss of residential structures caused by the demolition and relocation, adequate compensate according to the replacement value, and all the unfavorably impact on resettlers will be minimized in the progress. 4) The resettlement area shall be located at the place close to the original residential areas so as to keep the existing social relationship for the affected people, on the other hand, it will also reduce the commuting for the affected people. 5) Notify the affected enterprises in advance, and arrange the site for relocation, provide adequate compensation, shorten the interruption period, and coordinate LPMO to provide proper rehabilitation for affected employees. 6) During relocation and resettlement, the concerned local functional departments shall vigorously support the resettlers and affected enterprises, provide the convenience for them and carry on the resettlement work smoothly, and reduce the loss and relief the burden on resettlers. 7) Strengthen the mechanism of public participation. Before the project construction, clarify the project commencement time and project construction planning progress by putting Notice in the project affected area and the resettlement area, disclose the compensation policies for land acquisition and resettlement public, accept monitoring from the relocatee and host population in resettlement area; In project construction period, give priority to use the local materials. For benefiting the affected persons from the project construction, use the local transportation and labor if the technical conditions allowed. 8) Reduce the dust emission and strengthen health management for construction workers. The

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construction unit shall carefully plan the routing for transport earthwork and stonework. Measures shall be adopted to guarantee that the soils and stones won’t be sprinkled along the way from the truck full of loading, and thus affect the environment tidiness. In construction period, a large number of labors will come to the worksite to undertake all kinds of works and services. In order to guarantee the public security and orders in work site and the health of various groups in construction area, the project construction unit shall supervise and urge the builders to obey the regulations of local environment sanitation department, toughen the management on the healthy protection for builder group, timely clear the domestic waste on construction site, keep the construction area tidy, and prevent the occurrence and transmission of infectious diseases.

2.2 Investigation on Project Impacts 2.2.1 Investigation Contents From March to April in 2006, Hunan Province Hydraulic and Hydropower Design Institute, together with Shaodong County Water Resources Bureau, the government at each level, formed a joint investigation team. The team conducted the comprehensive survey in the range of project, according to the coverage determined in engineering design and the 1:2000 geologic type topographic map in hand. The contents of investigation included the land acquisition, the land acquisition affected population, houses to be removed and relocated, and supplementary facilities, scattered trees, small businesses of industry and commerce, enterprises and institutions, and agricultural sideline production facilities and special facilities, etc. 2.2.2 Investigation Method 1) Investigation in Land Acquisition: The investigators clearly found out on-spot the ownerships of various lands according to the 1/2000 topographic map in hand. The area of cultivated land, garden plot, woods, and various lands were measured and calculated in the unit of villager’s group. 2) Demographic Census: In the investigation in the land acquisition and relocation, affected people was classified into three kinds, affected by land acquisition without relocation, affected by demolition and relocation without land acquisition, and affected by both land acquisition and relocation. The actual affected populations were further divided according to the non-agricultural population and agricultural population, with comprehensive investigation in the unit of households on the nationality, age structure, education background, and employment status. They were checked out on site according to the household register card, and register the results of survey in detailed lists for each family.

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3) Investigation in Houses and Auxiliary Facilities: The comprehensive survey on house structures was conducted, the area of houses was measured and the quantities of supplementary facilities were investigated household by household, and then registered them in detailed lists. 4) Investigation in Scattered Trees: The scattered trees were counted on-spot in the project-land-acquisition affected area to classify the fruit trees and other trees and separately register according to the tree types. 5) Investigation in Small Shoppers The small shoppers were investigated and registered in the way of household by household. The investigating and statistical contents include the business items in operation, coverage of business area, number of employees, annual turnover, and operating profit, etc. 6) Investigation in Enterprises and Institutions: The following contents were surveyed and checked: names of affected enterprises in the land to be expropriated, location, department in charge, month and year of foundation, the coverage of factory area, land area for production, area of buildings, number of staff, fixed net assets, annual output volume of major products, annual output value, annual profit turnover, lump sum of tax, and lump of wages per month, etc. 7) Investigation in Special Facilities: The investigator checked the quantities on site, registered in detailed lists by item according to the 1:2000 topographic map of geologic type and the data supplied by department in charge. All the survey results of physical indices were reviewed and confirmed by householder and local government of each level and department in charge.

2.3 Investigation Results on Project Impacts According to survey, the land acquisition and relocation for this project involves 14 villages (residential committees) and 39 villager’s groups in Liangshi Town of Shaodong County. See Summary Table 2.3-1for details of affected indexes in kind by project.

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Summary of Affected Indexes in Kind by Shaodong Urban Flood Control Project

Table 2.3-1 Item Unit Total Liangshi Town Remarks I Administrative region 1 Township (Sub-district) 1 1 2 Administrative village 14 14 (Residents committee) 3 Villager’s group 39 39 II Affected Population by Project 1 Impact due to land acquisition Number of household Household 767 767 Population Person 1977 1977 Population in need of economic rehabilitation Person 945 945 2 Impact due to demolition and relocation Number of household Household 26 26 Population Person 164 164 Households to be resettled by building new Household 26 26 houses Population to be resettled by building new Person 164 164 houses 3 Affected units and enterprise 4 4 Including: number of employees person 69 69 4 Affected individuals engaged in small-scale

business Including number of employees Person 5 Affected total population by project Person 2210 2210 III Houses and auxiliary structures (I) Houses and buildings m2 9151 9151 1 Rural residences m2 9151 9151 Brick-concrete structure m2 8236 8236 Brick-wood structure m2 540 540 Simple structure m2 375 375 (II) Non-residential houses m2 4515 4515 Brick-concrete structure m2 4005 4005 Simple structure m2 510 510 (II) Auxiliary structure 1 Cement sunny ground m2 1065.6 1065.6 2 Well m3 1 1 IV Permanent land requisition Mu 871.22 871.22 (I) Collectively-owned land Mu 858.22 858.22 1 Cultivated land Mu 842.00 842.00 Paddy field Mu 628.90 628.90 Dry farmland Mu 145.60 145.60 Commercial vegetalbe land Mu 67.50 67.50

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Summary of Affected Indexes in Kind by Shaodong Urban Flood Control Project

Table 2.3-1 Item Unit Total Liangshi Town Remarks 2 Pond Mu 2.42 2.42 3 Garden Mu 9.00 9.00 4 Timber land Mu 4.80 4.80 (II) State-owned lands 13.00 13.00 1 Land for urban construction Mu 13.00 13.00 2 Industrial land Mu 8.32 8.32 3 Residential land Mu 4.68 4.68 V Temporary lands Mu 444 444 1 Dry farmland Mu 111 111 2 Shrubbery land Mu 177.6 177.6 3 Wasteland Mu 155.4 155.4 VI Special facilities (I) Traffic facility 1Road Mechanical farm road km 2.60 2.6 2 Bridge Middle bridge 4 4 Small bridge 1 1 (II) Electric facilities 1 High voltage line km 2.5 2.5 2 Low voltage line km 3.5 3.5 (III) Hydraulic facilities 1 Electric pumping station Place/kw 45/1660 45/1660 2 Pond on hill 7 7 3 Channel km 2.5 2.5 (IV) Telecommunication facilities Broadcasting line km 1.3 1.3 (V) CATV line km 0.4 0.4

2.3.1 Land Affected by Project 1) Permanent Land Acquisition The permanent land acquisition in this project covers 32 villager’s groups in 9 administrative villages of 1 township. Various land with an area of 871.22mu will be expropriated, of which the state owned urban land is 13mu (including the industrial land of 8.32mu and residential land of 4.68mu) and the collectively owned land acquisition is 858.22mu (including paddy field of 628.9mu, dry farmland of 145.6mu, commercial vegetalbe land of 67.5mu, garden land of 9mu, pond of 2.42mu and forestland of 4.8mu). See table 2.3-2 for details of the statistical conditions of the investigation results of the permanent land acquisition in this project. 2) Temporary Land Acquisition

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The construction temporary land acquisition refers to the temporarily-borrowed land in the project construction period, including land acquisition of stone material yard, construction plant, construction warehouse, and temporary living quarter and temporary construction road during construction period. The total area of the construction plant, construction warehouse, temporary area for living quarters for the contractors, and temporary structures in the project is 700m2, occupying an area of 1200m2. As they are mainly allocated in the project permanent land acquisition range along the embankment, there will be no temporary land acquisition impact to the layout of the construction plant, construction warehouse, and temporary living quarter during construction period. As the existing roads will be damaged during project implementation process, corresponding compensation of road repair costs shall be paid to the municipal administration department. As the compensation costs are included in the project contract as one part of the project costs, they will be paid by the construction Contractor. Accordingly, the project construction temporary road land acquisition will not be included and the compensation costs will not be estimated in the report. The main temporary land occupation impacts come from the soil and stone material yard in the project, including Xinglongjie Soil Material Yard, Songjiatang Soil Material Yard, Qingjiawu Soil Material Yard, Hejiacitang Soil Material Yard and Guangzishan Stone Material Yard. 5 villager’s groups of 5 administrative villages in 1 township are involved. Various land with an area of 444mu are temporarily expropriated, of which, dry farmland is 111mu, shrubbery land is 177.6mu and wasteland is 155.4mu. And the mean time limit for land borrow is two years. See table 2.3-3 for details of the statistical conditions of the investigation results of the temporary land acquisition in this project.

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Investigation of Land Occupied by Shaodong Urban Flood Control Works

Table 2.3-2 Land for Urban Construction Forestland Collectively Owned Land (mu) Garden Town Pond (Mu) (Mu) County Village Group Total Land (ship) Paddy Dry Commercial (Mu) Industrial Residential Timber Subtotal (Mu) Subtotal Field farmland Vegetalbe land Land Land Forest Shaodong 1 9 32 871.22 842 628.9 145.6 67.5 9 2.42 13 8.32 4.68 4.8 Liangshi Town 9 32 871.22 842 628.9 145.6 67.5 9 2.42 13 8.32 4.68 4.8 Hutang 3 66.8 66.8 51.5 15.3 Xiaoshui 29.6 29.6 22.4 7.2 Hexing 19.7 19.7 16.3 3.4 Haili 17.5 17.5 12.8 4.7 Meiling 5 125.92 117.3 67 28.5 21.8 3.2 0.62 4.8 Chengjia 66.2 59.3 32.5 14.7 12.1 2.1 4.8 Guanwu 31.9 30.8 15.5 8.6 6.7 1.1 Laowu 17.2 17.2 9 5.2 3 Zhongxin 5.62 5 5 0.62 Yuejin 5 5 5 Chengdong Community 3 79.24 65.4 45.5 5.3 14.6 0.84 10.48 8.32 2.16 Xinfu 32.04 31.2 22.6 4.5 4.1 0.84 Shunli 11.3 11.3 10.5 0.8 Malu 22.9 22.9 12.4 10.5 Enterprise 10.48 8.32 2.16 Chengnan Community 3 118.8 118.8 89.8 10.5 18.5 2.52 2.52 Weijia 45 45 25 7 13 Taiyang 47 47 38 3.5 5.5 Xinwu 26.8 26.8 26.8 2.52 2.52 Xinfeng 3 89.4 89.4 74 15.4

24 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Investigation of Land Occupied by Shaodong Urban Flood Control Works

Table 2.3-2 Land for Urban Construction Forestland Collectively Owned Land (mu) Garden Town Pond (Mu) (Mu) County Village Group Total Land (ship) Paddy Dry Commercial (Mu) Industrial Residential Timber Subtotal (Mu) Subtotal Field farmland Vegetalbe land Land Land Forest Mioabian 26.4 26.4 18.4 8 Qingjin 32.2 32.2 26.2 6 Xinxing 30.8 30.8 29.4 1.4 Xinglong 7 182.56 175.8 140 23.2 12.6 5.8 0.96 1 37.4 37.4 30 7.4 2 32.8 27 19 2.8 5.2 5.8 4 28.76 27.8 17 6.2 4.6 0.96 5 17.8 17.8 15 2.8 7 28.8 28.8 22 6.8 8 12 12 12 11 25 25 25 Taihe 3 64.5 64.5 54 10.5 Fengjiabian 33 33 25 8 Hongshu 17.5 17.5 15 2.5 Shubi 14 14 14 Xinhe 3 83.5 83.5 62.1 21.4 Citang 43.2 43.2 32.6 10.6 Zhanggong 26.3 26.3 17.2 9.1 Laoyuanzi 14 14 12.3 1.7 Lian 2 60.5 60.5 45 15.5 Xiongxin 29.2 29.2 20 9.2 Daxing 31.3 31.3 25 6.3

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Investigation Statistical Table of Project Temporary Land Acquisition in Shaodong Urban Flood Control Project Table 2.3-3

Township Temporary Land Acquisition (mu) Classification of (Town, Village Origin Dry Shrubbery Uneven Remarks Material Yard Total Sub-district) Farmland Land Ground Liangshi Xinglong Soil Material Xinglongjie 94.1 28 34.5 31.6 Town Village Yard Soil Material Songjiatang Songjiatang 95.1 26 46.7 22.4 Yard Soil Material Qingjia Qingjiawu 91.7 21 39.2 31.5 Yard Soil Material Hejiaqiao Hejiacitang 85.7 36 24.4 25.3 Yard Block Material Qiaokou Guangzishan 77.4 32.8 44.6 Yard Total 5 444 111 177.6 155.4

2.3.2 Affected Population Due to Project 1) Affected Population Due to Land Acquisition The investigation of the affected population due to land acquisition of the project will be counted from two aspects, one is the actually affected population due to land acquisition of the project; the other is the number of agricultural population need economic rehabilitation according to the principle of Land Administration Law of the People’s Republic of China, namely, the economic rehabilitation shall be rearranged to the agricultural population who has lost all of their main productive materials - cultivated land. The concept of the number of persons requiring economic rehabilitation is calculated based on collective land ownership in rural China, which is an important indicator in analyzing land acquisition impacts in the process of land acquisition and resettlement. Based on the physical indices during the course of investigation on relocation and demolition of land acquisition in the project, the population in need of economic rehabilitation will be counted in villagers’ groups. The agricultural population in need of economic rehabilitation in the project will be obtained with the area of land acquisition divided by cultivated land per capita of each group before land acquisition. And the result of population was 945 persons. Although the project is distributed in linear shape along Shaoshui River and flood-relieving cannel, for most affected persons, they would only lost large part of lands. According to the field investigation and statistics, 767 households (1977 persons) are actually affected by land acquisition in the project, of which, 748 households (1390 persons) will be actually affected by permanent land acquisition in the project, averaging only 0.46 mu cultivated land per person. About 19 households

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(47 persons) will be actually affected by temporary land acquisition. 2) Affected Population Due to Demolition According to the site investigation, the residential houses to be demolished are involved in 2 communities of Liangshi Town in Shaodong County. The area of the residential house to be demolished is 9151m2, and 26 households (164 persons) shall be relocated (all are urban residents), which needs to be resettled by building new houses. 3) Employees in the Affected Enterprises According to the investigation, 4 enterprises and institutions will be affected by the project construction, and there are 1177 employees in all. 69 employees will be affected by the production and business stop owing to the demolition and reconstruction of the enterprise. 4) Affected Individuals Engaged in Small-scale Business According to the investigation, land acquisition and relocation in the range of project shall not affect individual business booths. 5) Total of Affected Population Due to Project Through statistics, 793 households (2210 persons) will be affected by the project land acquisition. Among them, 767 households (1977 persons) will be affected by land acquisition (without house demolition), which will include 19 households (47 persons) to be affected by the temporary land acquisition); 26 households (164 persons) will be affected by house demolition only (without land acquisition). In addition, 69 employees will be affected by the enterprise demolition. Among the affected population due to land acquisition and resettlement, 945 agricultural persons need economic rehabilitation. About 26 households (164 persons) need to be rehabilitated through replacement housing. 69 employees shall be affected by interruption of business and production of enterprise due to relocation and reconstruction. See table 2.3-4 for details of the affected population in the project. 2.3.3 Houses and Auxiliary Facilities to Be Demolished 1) Affected Residential Houses and Auxiliary Facilities by the Project The demolished houses by the project will involve 2 communities of Liangshi Town in Shaodong County. Relocatees of 26 households (164 persons) will be relocated (all are urban residents). The demolished houses total 9151m2 (all are urban residents’ houses), including brick-concrete structure of 8236m2, brick-wood structure of 540m2 and simple structure of 375m2. In addition, cement sunny ground of 180 m2 and 1 well are affected by project. According to the investigation, in the project land acquisition area, most residential houses are individually owned. Most residential houses are two-floor or three-floor houses with brick concrete structure and brick wood structure. Since many demolished houses were built in 1980s, the basic

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living conditions and the related facilities are considerably poor. Most residents also hope they can move as soon as possible, so as to improve their living conditions. See table 2.3-5 for details of the investigation conditions of the residential houses to be removed in the project. 2) Affected Non-residential Structures by the Project According to the investigation, in the land acquisition area by the project, 4 enterprises will be affected by demolition. The area of the demolished non-residential structure is 4515m2, of which, the brick concrete structure is 4005m2 and simple structure is 510m2. The affected sunny ground is 885.6m2. See table 2.3-6 for details of the investigation conditions of the non-residential houses to be removed in the project.

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Table 2.3-4 Summary of Affected Population Due to Land Acquisition and Resettlement in Shaodong Urban Flood Control Project Land Acquisition, Removal, Without Land Land Acquisition and Population in Total To Be Relocated Village Without Removal Acquisition Removal Need of Affected Affected Type Town (ship) (Community) Number of Number of Number of Number of Number of Economic Employees Population Population Population Population Population Household Household Household Household Household Rehabilitation I. Permanent Land 9 392 1178 366 945 26 164 26 164 945 69 Acquisition (1) Removal of 9 392 1109 366 945 26 164 26 164 945 Residential House Liangshi Town 9 392 1109 366 945 26 164 26 164 945 Hutang 31 113 31 113 113 Meiling 65 203 65 203 203 Xinfeng 41 98 41 98 98 Xinglong 143 309 143 309 309 Taihe 35 87 35 87 87 Xinhe 14 38 14 38 38 Li’an 37 97 37 97 97 Chengdong 12 69 12 69 12 69 Chengnan 14 95 14 95 14 95 (2) Removal of Non-residential 69 69 Structure Enterprise and 69 69 Institution Individual Engaged in

Small-scale Business II. Temporary Land 5 19 47 19 47 Acquisition Liangshi Town 5 19 47 19 47 Xinglong 3 6 3 6 Songjiatang 5 13 5 13 Qinjia 4 10 4 10 Hejiaqiao 4 11 4 11 Qiaokou 3 7 3 7 III. Total of Affected 1 14 411 1225 385 992 26 164 26 164 945 69 Population

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3) Affected Temporary Structure by the Project According to the investigation, there is no temporary structure in the land acquisition range of the project. 4) Affected Illegal Structure by the Project According to the investigation, there is no illegal structure in the land acquisition range in the project. 2.3.4 Affected Individuals Engaged in Small-scale Business According to the investigation, there is no individual commercial booth in the land acquisition range in the project.

2.3.5 Affected Enterprises and Institutions According to the investigation, 4 enterprises are affected by the land acquisition and house demolition in the project area, with 1177 employees and land occupation of 147.88mu, the original value of the fixed assets is 38.50 million yuan, and the annual tax is 0.16 million yuan.

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Investigation on Residential Houses and Special Facilities to Be Demolished in Shaodong Urban Flood Control Project Table 2.3-5 Formal Structure Auxiliary Population (Person) Classification of (m2) Simple Structure Town Village (Residential Villager’s Residential Household Total Structure Sunny Remarks (Sub-districts) Committees) Group House Total Agricultural Nonagricultural Subtotal Brick-concrete Brick-wood (m2) Well Ground (m2) I. Urban Residential 1 2 3 26 164 164 9151 8776 8236 540 375 1 180 Houses Liangshi Town 2 3 26 164 164 9151 8776 8236 540 375 1 180 Chengdong 1 12 69 69 4631 4416 4416 215 1 180 Community Shunli 12 69 69 4631 4416 4416 215 1 180 Chengnan 2 14 95 95 4520 4360 3820 540 160 Community Hengxing 7 50 50 2080 1920 1380 540 160 Dongjiawan 7 45 45 2440 2440 2440

Investigation of Non-residential Structure and Auxiliary Facility to be Removed in Shaodong Urban Flood Control Project Table 2.3-6 Township House (m2) Auxiliary Structure Remarks Village (Residential Area (Town, Name of Unit Formal Structure Simple Structure Sunny Ground (m2) Committees) Total (m2) Sub-district) Subtotal Brick Concrete Shaodong 4515 4005 4005 510 885.6 Liangshi Town 4515 4005 4005 510 885.6 Chengdong Community 4 4515 4005 4005 510 885.6 Shaodong County Machinery 820 820 820 Factory Shaodong County Paper Factory 1440 1440 1440 885.6 Municipality Company 450 200 200 250 Farming and Aquatic Product 1805 1545 1545 260 Station

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Among the four enterprises, except that Municipality Company is still in normal operation, the other 3 ones (Shaodong County Machinery Factory, Shaodong County Paper Factory, and Farming and Aquatic Products Station) were all bankrupted about ten years ago. The employees in the 3 bankrupted enterprises have participated social insurance or have been offered minimum living allowance. And most of them are re-employed. For the 4 enterprises, since land acquisition and demolition only affect the administrative structure or auxiliary structure or staff’s dormity, the main production and business operation will not be affected. Actually, there are 69 employees affected by project. See Table 2.3-7 for investigation on the affected enterprises. 2.3.6 Affected Special Facilities by the Project The investigators have conducted the field investigation and registration no the affected traffic facilities, transformation facilities, hydraulic and power facilities, post line, and other special facilities to be resumed or rebuilt according to the project land acquisition range confirmed by the design. The project affects facilities as follows: mechanical farm road of 2.6km, 4 middle bridges, 1 small bridge, 10KV high-voltage line of 2.5km, 380V low-voltage line of 3.5km, 45 electric pumping stations (1660kw), 7 ponds on hill, channel of 2.5km, broadcasting line of 1.3km and CATV line of 0.4km. See Table 2.3-8 for details of statistics about survey on the special facilities affected in project. 2.3.7 Affected Vulnerable Groups Due to Project 2.3.7.1 Woman During the survey, the team paid special attention on women in the project areas and organized group discussions attended by women. The participated women included those represented by different ages groups and education levels among those above 18 years old. In addition, through sample household survey, further understanding of women in the project area was obtained regarding their roles in their families, participation on public affairs and health issues. 1) Status of Women is Improved and Man and Women Enjoy Equal Rights in the Family In the project areas, there is no clear separation of women and men in their responsibilities. Most of them share the equal responsibilities of farming activities, which is closely related with their availability. Since women play more important roles in most housework, their contribution to family income is relatively high. As a result, in many families, women are responsible for making most financial decisions, and play important roles in determining large family issues and outcomes. 2) High Level of Participation on Public Affairs According to the survey, most women have high degree of participation in public affairs. Most of them participated in the election of village chiefs; some of village officials are women. In the process of RP preparation, women demonstrated high degree of attention and provided many good suggestions.

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3) Freedom of Marriage In Shaodong County, different ethnic women all have freedom to select their spouses. As long as both sides agree, men or women of ethnic minorities could marry men or women of Han Nationality. There is no barrier of marriage between different nationalities. 4) Enjoy Equal Access as Men to Education and Health Care In general, the education levels in the project area are relatively low and medical condition is not well developed. However, in terms of access to education and health care, men and women have relatively equal rights. Due to historic reasons, most old women have lower education level than that of men. However, along with social development, education levels among women have improved greatly and most young women have similar education level as men. 2.3.7.2 Vulnerable Groups Mainly include the underprivileged families (per capita income is less than 130yuan/month), handicapped families (disabled persons), families that the elder lives alone(over 70 years old), and families of minorities. According to investigation, the project shall not affect minority people. The vulnerable groups of 11 persons (33 households) will be affected by the project, accounting for 1.5% of the total affected population. They are mainly the poor population and elderly who are entitled to Urban Minimum Living Allowance. During resettlement process, the affected vulnerable groups in the project will be further confirmed through comparison and analysis between the actual family condition and the data of the local civil affairs departments. Once the affected households are proved to be the vulnerable groups, the project execution agency will give special help to them during resettlement implementation process.

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Basic Conditions Table of Affected Enterprises Due to Land Acquisition and Resettlement in Shaodong Urban Flood Control Project Table 2.3-7 Affected Original Value of Employees Due to Area of Land Employees Main Annual Taxes State of Character of Unit Name of Unit Fixed Assets Affected Degree Production and Remarks Acquisition (mu) (Person) Products (10,000 Yuan) Operation (10,000 Yuan) Business Stop (Person) Total 4 147.88 1177 3850.00 16.00 69 Enterprise and 4 147.88 1177 3850.00 16.00 69 Institution Shaodong Machinery Parts of houses will be 62.88 470 Bankrupted 1500 Bankrupted 24 Factory removed Shaodong County Parts of houses will be 45.00 465 Paper 1200 Bankrupted 32 Paper Factory removed Normal Parts of houses will be Municipality Company 25.00 132 540.00 16.00 operation removed Farming and Aquatic Parts of houses will be 15.00 110 Shutdown 610 Bankrupted 13 Products Station removed

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Investigation Table of Special Facilities in Shaodong Urban Flood Control Project Table 2.3-8 Telecommunication Traffic Facilities Electric Facilities Hydraulic Facilities CATV Line (km) Facilities Road (km) Bridge Electric County Township Village High-voltage Transmission Low-voltage Line Pumping Ponds on Channel CATV Line Mechanical Farm Middle Bridge Small Bridge Line Line (pole/km) Station Hill (km) (km) Road (30-100m) (8-30m) (pole/km) (km) (Place/kw) Shaodong 1 9 2.6 4 1 2.5 3.5 45/1660 7 2.5 1.3 0.4 Liangshi Town 9 2.6 4 1 2.5 3.5 45/1660 7 2.5 1.3 0.4 Xinhe 1 0.1 0.1 6/245 0.1 Chengdong 0.8 2 0.6 1.2 4/200 1 0.6 Chengnan 0.6 1 1.2 1.6 8/325 2 1.5 0.7 0.1 Hutang 1 0.1 0.1 3/90 Li’an 0.1 0.1 3/55 Meiling 0.5 0.1 0.1 5/135 1 0.4 0.1 Xinfeng 0.1 0.1 3/85 Taihe 0.1 0.1 5/165 1 Xinglong 0.7 0.1 0.1 8/360 2 0.6 0.1

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2.4 Impact Analysis of Project 2.4.1 Project Impact Characteristics 1) In the area of land acquisition, the people, residential houses and cultivated land suffer much influence. The affected people by house demolition occupy 40.6% of the total population in the village and group, and the affected cultivated land occupies 44.3% of the total cultivated land in the village and group. 2) The affected population and house by the project construction is 26 households (164 persons) and 9151m2 respectively, they are all centralized in Chengdong and Chengnan Community. As for the houses to be dismantled, about 90.0% houses are of brick-concrete structure. 3) The permanent land acquisition with an area of 871.22mu is required for the project construction, of which, the cultivated land to be acquisitioned is 842mu (including paddy field of 628.9mu, dry farmland of 145.6mu and commercial vegetalbe land of 67.5mu), accounting for 96.65% of the total land to be acquisitioned. The rest 3.35% are state-owned industry land, pond, garden and forestland. These cultivated land to be acquisitioned are distributed in 32 villager’s groups in 9 villages of 1 township in Shaodong County, with a linear and scattered characteristics. 4) 4 enterprises will be affected by land acquisition and demolition in the project area. As only the auxiliary production houses or production houses of the 4 enterprises are affected, its normal production, operation or office will not be largely impacted by project construction. 5) There are no important special facilities in the project land acquisition and resettlement area, except for a few high-voltage transmission lines and post lines, the rest is the rural small infrastructure. 2.4.2 Impact Analysis Evaluation The construction of project will damage the original production system in the affected area, and certain impacts will be brought to the local production and livelihood accordingly. The losses of the land resources will destroy the material conditions for livelihood of part of the farmers, so, they shall adapt to new environment for working and livelihood again. The staff of the design unit has fully considered the destructive effect of land acquisition on the local production and livelihood system during project design process, and accordingly, they have constantly optimized the project design, adopted project measures to reduce the land acquisition area, and relieved the impacts of project construction on local production and livelihood. Although the project are is distributed in linear shape along Shaoshui River and flood-relieving cannel, according to the analysis on each villager’s group, among 23 villager’s groups in 7 villages(including agricultural people) affected by land acquisition, each affected villager’s group will lose 44.3% of the land on average. Except proportion of the land impact on 4 villager’s groups in 2 villages is less than 20%, the rest villager’s groups are more than

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20%, of which 6 villager’s groups in 4 villages are less than 50% and 13 villager’s groups is more than 50%. Therefore, the impact of the project construction on the agricultural production of each village and group along the line is much, for the whole project area, its impact is local, and no large impact will be brought to the local agricultural production, people’s livelihood, and development of social economy. More detail analysis is presented in Chapter 5. Nowadays, the topography of the project impact area is low and flat, and wide, most areas often suffer from flood and waterlogging disasters, which restrict the development of local economy, the project construction has provided a chance for reconstruction of production system and social system for resettlers. After completion of the project, the capability of flood control and emergency service along the new embankment will be greatly improved, and the chances of having flood disastrous will greatly be reduced, so as to provide a better environment that safeguard peoples’ lives and properties. At the same time, the circulation of the agricultural products and byproducts will be accelerated, and the development of local agricultural production will be improved. In addition, in combination with the RP implementation such as adjustment of agricultural planting structure and improvement of irrigation and water conservancy as well as reclamation of cultivated land, full exploitation of land resources potential is also a vital element of the protective policies on cultivated land used for land occupation of project construction to execute the land management law. According to the compensation system for cultivated land occupation, and the principle of " reclaiming the same amount of cultivated land being acquired for construction", the compensation will be made to the lost cultivated land so as to reach the balance of total land holding in the affected localities. In addition, through careful planning all resettlers will be relocated in the areas with considerably superior natural and traffic conditions, and social environment. Additionally, the preference and support will be given to the resettlers in the aspects of policies, technologies, funds, and substances, so as to ensure that they will restore or reach the former level as soon as possible.

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3. Natural and Socio-Economic Conditions of the Project-Affected Areas

3.1 Natural Conditions of the Project-Affected Areas 1) Topographical and Geological Conditions The project area lies in the slantingly connected part between the edge of the middle part of the Neocathaysian System depression area and the east-north wing of the fron arc of Qiyang “山” shape structure, so called Shaodong Neocathaysian System structural belt in locality with the main ruptures as follows: Songjiatang——Lushan hollow twisted rupture and Xujiapu——rupture on dams; the strike is winding in the shape of wave, the overall strike is in the east of North 30° with an extension length of 20~30Km. According to the Demarcation Map of Earthquake Peak Value Acceleration in China (version GB18306-2001, 1/4,000,000) and the Demarcation Map of Earthquake Response Spectrum Characteristics Cycle in China, the earthquake peak value acceleration in the project area is 0.05g, the earthquake response spectrum characteristics cycle is 0.35s, and the basic seismic intensity is Degree VI. Shaodong County is located on the middle part of Hunan Province, the middle and upper reaches of Shaoshui River. Shaoshui is constituted of several snake-shape streams, the overall tendency is running from north to south and from east to west, transversely cutting the regional structural line, and flowing into the Zishui River from Shaoyang City, the total length is about 112Km. Shaodong County Town is located on spacious first and second terraces of the joint place of Shaoshui River and the branch Chajing River of Shaoshui River. It is the key area in city protection; the landform is flat and broad, the overall topography is high on the east and low on the west, belonging to the geomorphic unit of low hilly area and broad valley; the surface drainage system is developed, the width of Shaoshui River valley is 30~50m wide, the width of water surface is 20~40m wide, depth of water 1~4m, elevation of riverbed 237~240m. The first terraces of both banks are developed. The width of terrace face: the section from upper reaches to Caojiayuanzi is 200~600m wide, the section of lower reaches of Caojiayuanzi is between 0~200m wide, elevation 241~243m. The elevation of second terrace face is 243~250m, 500~5000m wide. 2) Hydrologic and Meteorological Conditions Shaodong County lies in the middle course of the Shaoshui River with a rain collecting area of 614km2. In the planned range of the urban flood control, there are two larger branches, of which one is Cuojiang River with a dominant rain collecting area of 292 km2 and the other is Dahetang

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River with a dominant rain collecting area of 37.4km2. Shaodong County belongs to the East Asia monsoon climate area with mild air temperature and sufficient rainfall. Beginning with April, the water basin enters into the rainy season. Between May and June, the intermittent drizzles form in the water basin. Between July and August, the water basin enters into a hot season. The landform of the water basin is beneficial to the rise of southeastern air current moving northwards. Besides, the southwards coming cold air meets with the southwestern warm and humid air current on the west side of the high-pressure ridge. With the cooperation of the static front on the ground and shearing line in the sky, the long-lasting overcast and rainy weather is formed in the water basin. Because the west wind groove and low eddy in the sky are rather active, the storms are frequently caused by the cyclone. The storms occur for a few times and its rainfall is large and centralized. The floods caused by the kinds of storms are greatly harmful. The annual mean daily sunshine time is 1635.2h, average temperature of many years is 15.6 , Max and Min temperature of many years is 39.3 and –12.1 respectively, average rainfall of the area is 1285.7mm, the annual mean rainfall are 157.5 days. The rainfall distribution is not even in the whole year, the min. rainfall occurs in December, averaging 39.5mm, the max. rainfall occurs in June, averaging 196.5mm, the annual average rainfall from April to June is 576.4mm, accounting for 44.1% and the annual average rainfall from July to September is 290.4mm, accounting for 22.6%, the rainfall appears as rainstorm, annual average wind speed is 2.4m/s. Maximum wind speed is 21.0m/s. 3) Soil and Vegetation The soil-forming rocks in the project area are mainly limestone, sandstone, plate shale, granite, the Quaternary Period red soil and purple shale. The type of soil is mainly red loam. The major tree species include masson pine, fir, Phoebe Zhennan, oil tea and fruit trees and the vegetation has a coverage rate of 25.7%. 4) Mineral Resources Shaodong County has rich underground mineral resources including coal, plaster, iron, managanese, lead and zinc, of which, the storage of both coal and plaster rank at the preceding location in the whole province. 5) Tourist Resources Shaodong County has quite a lot of places of interests including the Dayun Mount, where Shen Taizhi, a personage in Tang Dynasty was habitated, Shehu Mount with Tang Suzong Emperor’s inscription, Jiulong Ridge where Song Lianxi and Zhouzi washed ink, in addition to Liuguangling Scenic Spot, Bantang Reservior Yanzhu Rock, Yingjiatang, an architectural complex built in Ming

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Dynasty, Pengshantang Ancient House, Hongqiao Bridge, Shuidong River Changdaochong Ancient Maples Group with a history of thousand years and Kaonian Ancient Temple Relics, all consist the unique tourist scenery of Shaodong County.

3.2 Socio-Economic Conditions in the Affected Areas of Project Shuangfeng County is situated in the middle of Hunan Province with a covering area of 1768km2. By the end of 2004, the overall county had a population of 1.1899 million, including the urban population of 0.385 million and the agricultural population of 0.805 million, the population density was 673 persons/km2 and the natural growth rate of the population was up to 4.5‰. By the end of 2004, the employed labor forces totaled 0.5815 million, including 0.538 million in the countryside and 0.0435 million in the urban area. Among the urban employed labor forces, the on-post staff totaled 0.0393 million. The total GDP for the whole county in 2005 was RMB 10478 million yuan, including RMB 1780 million yuan for the increase value of the primary industry; RMB 3970 million yuan for the increase value of the secondary industry; RMB 4720 million yuan for the increase vaue of the tertiary industry, respectively increased by 5.1%, 18.2% and 9.1%. The GDP per capita was RMB 8806 yuan, increased by 20.3%. The proportion of the three industries was 17:38:45. 1) Agriculture: the overall county completed output value of agriculture, forestry, animal husbandry and fishery totaling RMB 2815 million yuan, including RMB 1481 million yuan for the total output of agriculture with a growth rate of 4.6%, RMB 21 million yuan for the total output of the forestry with a growth rate of 9.1%, RMB 1090 million yuan for the total output of the animal husbandry with a growth rate of 7.1%, and RMB 194 million yuan for the total output of the fishery with a growth rate of 3.9%, the total output of the servicing industry of agriculture, forestry, animal husbandry and fishery mounted to RMB 28 million yuan with a growth rate of 2%. For the whole year, the cultivated area of grain totaled 71,590 hectares with a yield totaling 0.395 million tons, increased by 5.3%. The live pigs for sale were 1.248 million, of which, the dimensional pigs breeding accounted for more than 50% of the pigs breeding sector. The funds invested in the water resources foundamental facilities for farmlands hit more than RMB 30 million yuan in total. 2) Industry: the overall county completed the industrial output totaling RMB 8660 million yuan with a growth rate of 19.1%, and the increase value of the industrial output totaling RMB 2774 million yuan with a growth rate of 15.1%. The economic development zones had 106 projects invested, and completed an investment amount of RMB 223.90 million yuan. The architecture sector completed a growth value of RMB 1200 million yuan with a growth rate of 29.8%. 3) Culture, Education and Public Health: the overall county applied for 58 patents, of which, 25

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patents were approved. The overall county possessed 76 common middle schools with in-school students totaling 0.0523 million; 2 secondary vocational schools with in-school students totaling 3000; and 261 primary schools with in-school students totaling 0.0825 million. The overall county had 3780 special teachers taking on teaching in primary schools, 4413 special teachers taking on teaching in middle schools and 101 special teachers taking on teaching in secondary vocational schools. The broadcasting had a comprehensive population coverage rate of 100%, the TV had a comprehensive coverage rate of 95% with CATV users totaling 0.045 million households. By the end of the year, the overall county possessed 90 medical centers with 2333 health workers and 1494 beds. The athletes of the county-level or above hit 1406, and the overall county had 156105 persons up to the sports standard. 4) People’s livelihood: by the end of the year, the overall county had a population totaling 1.1899 million with a birth rate of 15.2‰ and a natural growth rate of 4.5‰. The disposable income per capita for the urban residents was RMB 7544 yuan, the net income per capita for farmers was RMB 3850 yuan, and the living consumption expenditure of farmers was RMB 3327 yuan. By the end of year, the overall county had 0.028 million covered by the basic endowment insurance, 0.027 million covered by the medical insurance, and 1000 off-duty staff from state-owned enterprises entering into the re-employment service center. By the end of the year, the overall county had 39287 on-post staff with averaging wage of RMB 13266 yuan.

3.3 Socio-Economic Conditions of Townships (Sub-districts) and Villages in the Affected Areas of the Project The land requisition will have certain influences on 1 town and 14 administrative villages (including 5 villages affected by the temporary land accquisition). Between March and April of 2006, under the unified arrangement of the provincial PMO, Shaodong County PMO organized County Resettlement Office and the other relevant local department as well as resettlement design unit to carry out the detailed investigation on various aspects of basic socio-economic conditions and production as well as livelihood of project-affected development zone and village (Residential Committee). 1) Socio-Economic Conditions in the Affected Township (Town) According to the investigation, in the affected Liangshi Town, there are 50 villagers’ committees, 12 residential committees and 706 villagers’ groups with a population of 141689 in 45700 households, including 72351 agricultural population, accounting for 51% of the total population; in the countryside, there are a total population of 57236 in 15258 households including employed labor

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forces of 24980, including 13472 femal labor forces, 17361 labor forces taking on the agricultural production, and 2573 labor forces taking on the industrial production; the town has a cultivated land area of 28184mu (including 23512mu paddy fields), and cultivated land per capita was 0.39mu; in 2001, the GDP of the town was RMB 1561.95 million yuan, and the total output of industry and agriculture was RMB 961.68 million yuan, of which, the agricultural output totaled RMB 36.63 million yuan, accounting for 3.8%, and the industrial output totaled RMB 925.05 million yuan, accounting for 96.2%. The net income per capita was RMB 4010 yuan. For the details, see Table 3.3-1. 2) Basic Conditions in the Affected Villages (residential committees) The investigation shows that the 9 affected administrative villages (residential committees) have a total population of 35573, including an agricultural population of 7053, accounting for 19.8% of the total population; The current cultivated land area is 5575.5mu, including 4068mu for paddy fields and 1507.5mu for dry farmlands, and for the agricultural population, the per capita farmland is 0.79mu. According to the investigation, the income per capita of the 9 administrative villages (residential committees) is RMB 2910 to 4200 yuan/year. In 2005, the average income per capita of the affected villages (residential committees) was RMB 3515yuan/year, slightly lower than the net income per capita of Shaodong County in 2005 or RMB 4010 yuan. In the 9 administrative villages (residential committees), there is no national minority. In addition, there are 256 persons belonging to the vulnerable group, such as poverty- stricken, disabled families and deformities and aged people’s families that live alone, accounting for 0.7% of the total population. For the basic conditions of the affected villages in the project, see Table 3.3-2.

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The Socio-Economic Conditions of the Affected Towns and Townships (Sub-districts) by Shaodong County Urban Flood Control Project Table 3.3-1

Indices Unit Liangshi Town Remark I Basic conditions (I) Residential committee 12 ( ) Villagers committee 50 1. Villages with electricity 50 2. Villages with postal communication 50 3. Villages with telephone 50 4. Villages with highways 50 5.Villages with water supply 22 ( ) Households in villages household 15258 ( ) Population in Villages person 57236 ( ) Labor forces in villages Person 24980 1. Female labor forces 13472 2. Agricultural labor forces 17361 3. Industrial labor forces 2573 II Agricultural production conditions (I) Cultivated area mu 28184 1.Paddy field mu 23512 2.Dry farmland mu 4672 (II) Total cultivated area of crops mu 45219 1.Grain cultivated area mu 39697 2. Total yield kg／mu 403 3.Yield of per unit area ton 16002 (III) Per capita plantation area of agricultural population mu/person 0.39 III Economic conditions of countryside (I) Total outputs of agriculture and industry 104 yuan 96168 1. Total output of agriculture 104 yuan 3663 2. Total output of industry 104 yuan 92505 (II) Net income per capita of farmers Yuan 4010

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The Basic Conditions of the Affected Villages (Residential Committees) by Shaodong County Urban Flood Control Project

Table 3.3-2 Population (person) Plantation area (mu) Plantation Vulnerable Group Village Income of Town area of (Residential Agricultural Non-agricultural Paddy Dry per capita Population Percentage Remark (Sub-district) Total Total per capita Committee) population population field farmland (yuan/year) (person) (%) (mu) Dry farmlands Liangshi include 35573 7053 28520 5575.5 4068 1507.5 0.79 3515 256 0.7 Town market vegetalbe land Hutang 2166 640 1526 415 265 150 0.65 3350 41 1.9 Meiling 1105 1105 506.5 328 178.5 0.46 2910 40 3.6 Chengdong 11156 11156 283 215 68 3680 7 0.1 Chengnan 14585 14585 472 360 112 3350 17 0.1 Xinfeng 1052 1052 695 410 285 0.66 4200 23 2.2 Xinglong 1465 1465 819 605 214 0.56 3800 60 4.1 Taihe 1150 1150 805 620 185 0.70 3920 16 1.4 Xinhe 1538 285 1253 780 685 95 2.74 3258 23 1.5 Lian 1356 1356 800 580 220 0.59 3810 29 2.1

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3.4 Basic Conditions of Relocatees 3.4.1 Investigation Objectives 1) Introducing the positive significance of urban flood control project to the relocatees; 2) Investigating and comprehending the affected degree of the relocatees; 3) Soliciting opinions from the relocatees to reflect their willingness in the schedules of rehabilitation for production and livelihood 4) Analyzing the economic incomes and expenditures, determining the economic development objective and providing accurate basis for resettlement planning; 5) Establishing economic incomes model for relocatee’s families; and analyzing and forecasting changes of economic incomes. 3.4.2 Investigation Content The socio-economic investigation is classified into two kinds: one kind is investigation on the basic social and economic conditions of affected households; the other is investigation on the attitudes of the relocatees. 1) Basic Conditions of Affected Households Basic Family Condition: includes family members, age, sex, educational level, career, nationality, housing area and structure. Household Properties: The means of livelihood consist of big furniture, color (black and white) TV, refrigerator, washing machine, VCD, air conditioner, water heater, electric fan, electric cooker, motorcycle, bicycle, telephone, etc; While the means of production comprise land, water surface, household industrial and subsidiary production as well as production machinery such as tractor, thresher, grinder, water pump, livestock for cultivation, agricultural tricycle, automobile, motorcycle and barge. Agricultural production conditions and income levels: The contracted land comprises cultivated land, garden plot, woodland and lands for other usage; The yield of agricultural products consist of grain yield, other crops’ yield and grain possession; The household incomes include incomes from plantation, animal husbandry and other non-agriculture; The household expenditures include expenditures for living, interpersonal communication, education, agricultural costs, taxes and others; The annual net income per capita of households. 2) Investigation on relocatees’ willingness The investigation on relocatees’ willingness mainly consists of the awareness on the project, channels to comprehend the project, attitude, expected production and resettlement modes in addition to the other most concerned problems.

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3.4.3 Investigation Method and Procedure Between March and April of 2006, the resettlement survey team, under the cooperation of the governments at all levels in the project area, conducted a detailed survey on the basic social economic conditions of the affected households and the relocatees’ willingness. 1) Investigation on the Basic Conditions of Affected Households For the investigation on the basic conditions of affected households, a sampling survey in site was made to the affected households. After filling the questions of survey form, the affected households made signature for confirmation. 105 households within the affected area of the project were selected as the sample for investigation, accounting for 13.2% of the total affected households. The selected samples basically cover most affected townships and villages. The samples are representative and typical, and can be used for basis for the project impact analysis. For the detailed sample survey distribution of removed households, see Table 3.4-1. Sampling Distribution Table of the Affected People Households due to the Resettlement Project

Table 3.4-1 Township Affected Total Affected Sampling Sampling Remark (Sub-office) Villages Households Households Percentage (%) Total 14 411 105 25.55 Liangshi 14 411 105 26.79 Town Hutang 31 10 32.26 Meiling 65 21 32.3 Xinfeng 41 11 26.83 Xinglong 143 35 24.48 Taihe 35 9 25.71 Xinhe 14 3 21.43 Lian 37 9 24.32 Chengdong 12 3 25.00 Chengnan 14 4 28.57 Affected by Xinglong 3 temporary land use Affected by Songjiatang 5 temporary land use Affected by Qingjia 4 temporary land use Affected by Hejia bridge 4 temporary land use Affected by Qiaokou 3 temporary land use

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2) Investigation on relocatees’ willingness and attitudes Investigation on relocatees’ willingness adopts the mode of sample survey with a sampling ratio of 5~10%. The resettlement planning team prepared a survey form. The different levels of governments organize people to distribute survey forms in the project areas and ask affected people to fill up. In the affected area of the project, there are 87 survey forms issued to the relocatees, and 85 effective forms returned with an effective ratio of 97.7%. 3.4.4 Investigation Results and Analysis 1) Investigation on the Basic Conditions of Removed Households The sample survey and analysis shows that: Household Size of the affected households: 6.31 persons / family in average in the affected area of the project, including 4.97 persons for labor forces with age 17~60, 0.71 person of younger than 17 years old and 0.63 person of older than 60 years old. Gender Percentage: The male/female ratio in the project area is 1:0.91. Age makeup: The labour forces at age of 17~60 possess 78.76% of the total population, 11.25% for younger than 17 years old and 9.98% for older than 60 years old. Ethnic Background: All of the affected people are classified as Han Nationality. Educational level: In the affected area of the project, every 100 persons, there are 11 persons with educational level of higher than senior middle school, 19 persons with educational level of senior middle school, 40 persons with educational level of junior middle school, 27 persons with primary school and 3 illiteracies or half-illiteracies. Housing area per capita: The housing area for every household is 352m2 and that per capita is 55.8m2. The structures of houses are mainly brick-concrete structure. The land contracted by the collective: In countryside, each household contracts 4.1 mu of cultivated land, averaging 0.65mu per capita; The grain yield per household is 1652.3kg, in average 270.87kg per capita; the livestock for sale per household is 0.84. Family property: For every 100 households, there are 114 TVs (all colored TVs), 268 electric fans, 57 refrigerators, 79 washing machines, 71 bicycles, 57 motorcycles, as well as 368 big furniture such as sofas, big bureaus and chest of drawers. Economic incomes and expenditure: Each household has an annual total income of RMB 23353yuan, averaging annual income per capita of RMB 3701yuan; Each household has an annual total expenditure of RMB 19763 yuan, the annual expenditure per capita is RMB 3132yuan; Each household has an annual net income of RMB 22180 yuan, averaging RMB 3515yuan per capita. For the total basic conditions of the affected households by the project, see Table 3.4-2.

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Investigation Table for Basic Conditions of Households of Shaodong County Urban Flood Control Project

Table 3.4-2 Total Samples (105 households) Remark Items Unit Index per Total capita I Affected household size 1.Total Population of Household person 663 6.31 Including: female person 316 3.01 2.Labor forces of 17~60 years old person 522 4.97 3.Population younger than 17 person 75 0.71 4.Population older than 60 person 66 0.63 II Educational level 1.More than senior high school person 73 0.69 2.Senior high school person 126 1.2 3.Junior high school person 265 2.52 4.Primary school person 179 1.7 5.Non-educated person 20 0.19 III Nationalities 1.Han Nationality person 663 6.31 2.National Minority person IV. Housing area 1.Housing area per household m2 36960 352 2.Housing area per capita m2 5856.9 55.78 V. Agricultural production 1.Contracted plantation area per household mu 430.5 4.1 2.Plantation area per capita mu/person 68.25 0.65 3.Grain yield kg 267008 2542.93 4.Grain occupation per capita kg/person 28441 270.87 5. Livestock for sale 88.2 0.84 VI. Household property 1.TV 136 1.14 Including: colored TV 136 1.14 2.Electric fan 281 2.68 3. Refrigerator 60 0.57 4.Washing machine 83 0.79 5.Bicycle 75 0.71 6.Motorcycle 60 0.57 7.Large furniture 386 3.68 VII. Annual total incomes yuan 2452065 23353 1 Agricultural income 278064 2648.23 2 Stockbreeding income yuan 225590 2148.48 3 Non-agricultural income yuan 1948410 18556.29 . Annual consumption expenditure yuan 2075115 19763

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Table 3.4-2 Total Samples (105 households) Remark Items Unit Index per Total capita 1 Living expenditure yuan 1532623 14596.41 2 Production expenditure yuan 420182 4001.73 3 Other expenditures yuan 122310 1164.86 . Annual household net incomes yuan 2328863 22180

2) Basic Attitude of Affected People The sample survey and analysis shows that: Have knowledge with the project: 99.44% of the affected people claimed that they had knowledge of the project and 5.56% claimed that they had no knowledge of the project. Sources of information: 94.12% of the affected people get known from the investigation persons and 61.8% from the residents of the neighboring villages. Support attitude: All affected people hold an attitude of supporting to the project. Views on Impact: 89.02% of the affected people think the flood control benefit is obvious, and by the way of the reasonable compensation, the negative impacts can be alleviated; 3.54% think the flood control benefit is obvious, while the negative impacts are big; 7.74% think the flood control has no influence, but the removal will bring a certain negative impacts. Resettlement Approach: For urban resettlers in organ units, 28.31% choose the cash compensation mode and are willing to self purchase the houses; 71.69% choose the in-kind rehabilitation through exchange of property, and hope to be unitedly arranged by the government with the same size as that before resettlement. Economic rehabilitation: 62.56% resettlers ask for cash compensation while 37.44% resettlers ask for replacement land through land adjustment.

3.5 Social and Economic Effects for Resettlement to the Affected Population The project implementation will produce a certain impact on socio-economic factor: 1) The affected area is located at the junction of the rural and urban areas with good infrastructure conditions, where the local farmers have a lot of opportunities in non-farm employment, such as daily labor and small business. Most those surplus labor forces have moved into the second and tertiary industry or individual business, gradually moving out of land. According to the investigation, in the affected township, in 2005 there were 24980 rural labors, and 9138 are involved in various non-farm sectors such as industry, construction, transport, wholesale and retail, accounting for

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36.58% of the rural labor forces. Analysis from the incomes structure, the annual income per household of the affected households was RMB 23353 yuan, including RMB 2648 yuan for the agricultural incomes, only accounting for 11.34% of the total household incomes. The investigation shows that in spite of the land loss, the local farmers will suffer the decrease of agricultural incomes, however, due to the small demolition scope and little impact on their land, the land acquistion due to the project will have little impacts on their income and livelihood. 2) For farmers with land plantation as their main livelihood resources, the land loss will result in the loss of complete or partial means of production, however, as the project is linearly distributed along the Shaoshui River and flood diverging channels, the land acquisition of the project will result in big influence on the agricultural production of resettlers, on average the affected village will lose their land of 44.3%. For 23 affected village groups, only two groups would lose less than 20% of their land holding. However, for those households directly affected by land acquisition (748 households and 1930 persons), every affected person will lose about 67.1% of their land holding. According to the on-spot investigation, it is known that, in the affected 7 villages and 23 villagers’ groups (the agricultural population involved), except 4 villagers’ groups in 2 villages have the cultivated land occupied of less than 20%, the other villagers’ groups have the cultivated land occupied of more than 20%, of which, 6 villagers’ groups in 4 villages have the cultivated land occupied of less than 50% and 13 villagers’ groups have the cultivated land occupied of more than 50%. Therefore, the project brought large impacts on the agricultural production of villages and villagers’ groups along the line. In addition, in the affected villages the agricultural resettlement mode of newly local farmland adjustment is planned to adopt, which can try not to impact the traditional production mode and livelihood of the affected persons, and can restore, or even develop their living standard within short period of time; the cash compensation mode can also be directly adopted, so the farmers can put the land compensation costs into the agricultural operations such as adjusting plantation structure and developing greenhouse vegetables or other non-agricultural operations (such as developing general merchandise operation, repair service and transportation) which would increase their incomes and mitigate their poverty-stricken status, therefore, the land occupation will produce little impacts on their production and livelihood. 3) For relocated households, the process of moving and decorating new houses will consume certain manpower and material resources for the affected households, which need to be considered by the project sponsors. The PMO will, according to the associated policies, make compensation to their loss of moving and traffic costs, complete infrastructure costs of the new housing plot and the necessary transfer allowance. In addition, the PMO and the local village committees will provide necessary assistance. Therefore, the impacts from the project will be reduced to the minimum.

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4) For the affected enterprises and institutions, relocation needs a period of time or a certain procedure to identify new spaces, which will affect normal operation for a period of time and will result in the loss of operation incomes for them. According to the investigation, the 4 affected enterprises or institutions, only 1 enterprise or institution is keeping normal production, and the other 3 enterprises or institutions were declared bankruptcy, moreover, they had the auxiliary management or production houses occupied and the project construction has not big impacts on the normal production, operation or office work. The project construction will bring a lot of influences on the residents and businesses within the project area, but the impact is little and after completion of the project, it will create favorable conditions for further development of Shaodong County, and facilitate the sustainable quick increase in economy.

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4. Legal Framework and Policy

4.1Main Chinese Laws & Regulations and Policies for Resettlement 4.1.1 Policy Bases 4.1.1.1 National Laws and Regulations: 1) Land Administration Law of the People’s Republic of China. (The 8th Chairman Decree of PRC, issued on August 29,1998, starting implementation since January 1,1999) 2) Implementation Regulations for the Land Administration Law of the PRC. (The 256th State Council Decree of the PRC, issued on December 27,1998, starting since January 1,1999) 3) Urban Houses Demolition Administration Regulations of the PRC. (The 305th State Council Decree of the PRC, issued on June 13,2001, starting since November 1,2001) 4) Provisional Regulations on Cultivated Land Acquisition Tax of the PRC. (The GF [1987] NO.27 issued by the State Council: A Notice about Issuing by the State Council) 5) A Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (The GF [2004] NO.28 issued by the State Council on October 21,2004) 6) A Directive about Perfecting the Compensation Resettlement System for Land Requisition (The GTZF [2004] NO.238 issued on November 3,2004) 7) Land Acquisition and Resettlement Regulation for Large and Medium Water Resources and Hydor Project (The 471th State Council Decree of the PRC, issued on July 7, 2006) 4.1.1.2 Laws and Regulations of Hunan Province 1) Methods of Hunan Province for Implementing the Land Administration Law of the PRC. (Passed in the 14th Meeting of the 9th People’s Congress Standing Committee of Hunan Province on March 31,2000) 2) Methods of Hunan Province for Implementing the Urban Houses Demolition Administration Regulations of the PRC. (The 157th Decree issued by People’s Government of Hunan Province on July 12,2002, starting since September 1,2002) 3) Implementing Methods of the Cultivated Land Acquisition Tax of Hunan Province (Amendment) (Issued by the Hunan Province People’s Government on October 4,1987, and amended as the decision about amending Implementing Methods of the Cultivated Land Acquisition Tax of Hunan Province by Hunan Province People’s Government in May 4,1998) 4) A Notice by Hunan Provincial Commodity Price Bureau and Finance Department about Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System. (XJF [2003] NO.42)

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5) A Notice about Issuing Land Requisition Annual Output Standards (XZF [2005] No. 47) 6) A Notice about Improving “Basket Project”(XZF[1993]NO.25) 7) Hunan Provincial Methods regarding Collection, Usage and Management of Rehabilitation Fee for Forest Vegetation (XCZ[2003]No.10) 4.1.2 Relevant Laws and Regulations 4.1.2.1 National Laws and Regulations 1. Selected Provisions of Land Administration Law of the PRC Article 2: The State may, on the necessity of public interest, requisition land collectively owned in accordance with law. The State practises the system of paid-for use for state-owned land in accordance with law. However, appropriation of state-owned land use right by the State within the scope prescribed by law is excluded. Article 10: Peasants' collectively-owned land that belongs to peasants' collective ownership of a village according to law shall be managed and administered by the village collective economic organization or villagers' committee; the land that belongs separately to more than two rural collective economic organizations and owned collectively by peasants shall be managed and administered by the respective rural collective economic organizations or villagers' teams; the land that belongs to township(town) peasants' collective ownership shall be managed and administered by the township(town) rural collective economic organization. Article 14: Land collectively owned by peasants shall be contracted for management by members of the respective collective economic organization for cultivation, forestry, animal husbandry and fishery production. The duration of land contracting and management shall be 30 years. The contract issuing party and the contractor should conclude a contract agreeing on the rights and obligations of both parties. Peasants who contract management of the land have the obligation to protect and utilize the land pursuant to the agreement in the contract. Peasants' right to contract land for management is protected by law. Within the duration of land contracting and management, in the event of appropriate adjustment of land contracted among individual contractors, it must have the consent of over two thirds of the members of the villagers' conference or over two thirds of the villagers' representatives, and be submitted to the competent department of agriculture administration of township/town People’s Government and People’s Government at the county level for approval. Article 31: The State protects cultivated land and strictly controls turning cultivated land into non-cultivated land. The State practises the system of compensation for the occupation and use of land. For the occupation and use of cultivated land for non-agricultural construction with approval, the unit that

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occupies and uses cultivated land shall be responsible for the reclamation of cultivated land equivalent to the quantity and quality of cultivated land occupied and used in accordance with the principle of "quantity of reclaimed land being equivalent to that occupied". Where there are no conditions for reclamation or the reclaimed land does not conform to requirements, cultivated land reclamation fee should be paid as prescribed by the provinces, autonomous regions and municipalities directly under the Central Government, the special-purpose fund shall be used for the reclamation of new cultivated land. Article 46: For land requisitioned by the State, local People’s Government at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and organize its implementation. Owners and persons of the right to use of the requisitioned land should, within the specified time period of the announcement, bring the ownership certificates to the competent departments of the local People’s Governments to enter into registration for compensation for land requisition. Article 47: For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land. Compensation fee for the cultivated land requisitioned includes land compensation fee, subsidies for resettlement as well as compensation fee for ground appendixes and young crops. Land compensation fee for the cultivated land requisitioned shall be 6-10 times of the average annual output value in the three years prior to requisition. Subsidies for resettlement for the cultivated land requisitioned shall be calculated on the basis of the agricultural population that requires resettlement. The agricultural population that requires resettlement shall be calculated on the basis of the amount of cultivated land requisitioned divided by the average occupancy of cultivated land of the unit requisitioned. The rate of subsidies for resettlement per head of the agricultural population that requires resettlement shall be 4-6 times of the average annual output value in the three years prior to requisition of the said cultivated land. However, the maximum subsidies for resettlement for cultivated land requisitioned per hectare shall not exceed 15 times of the average annual output value in the three years prior to the requisition. The rate of land compensation fee and subsidies for resettlement for the requisition of other lands shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government, taking the rate of land compensation fee and subsidies for resettlement for the requisition of cultivated land as reference. Rate of compensation for ground appendixes and young crops on the requisitioned land shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government.

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

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

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

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

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

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department of land and resources shall inform the farmers and rural collective economic organization affected by land requisition that they have the rights to apply for public hearing of the compensation standard and resettlement approach of the land to be requisition. If there is party applying for public hearing, the public hearing shall be organized according to relevant procedures and requirements of the Provisions for Public Hearing of Land Resources. (12) Publicizing of approval items for land requisition: For the land legally approved for requisition, the ministry of land and resources and its provincial department shall publicize the approval items by media, except for the special cases referring to state secrets. The county (city) land and resources department shall publicize, according to the provisions of the proclaiming methods for land requisition, the approval items in the village or group affected by land requisition. (13) Payment of compensation resettlement fee for land requisition: After the compensation resettlement plan is approved by city, county People’s Government, the compensation resettlement fee shall be paid for the rural collective economic organization within the legally stated period. 6. Land Acquisition and Resettlement Regulation for Large and Medium Water Resources and Hydor Project (The 471th State Council Decree of the PRC, issued on July 7, 2006) Article 22: For large and medium size water resources and hydropower projects the combined land compensation and resettlement subsidy shall be set at 16 times of average annual output value in the past three years. If the land compensation and resettlement subsidy could not meet the needs of restoring income and livelihood for the resettlers, they could be raised further, which should be submitted by the project sponsor to and approved by the project approving authority. For the compensation and resettlement subsidy for other acquired land areas, they should follow the relevant provincial regulations. For the compensations on the attached trees, young crops, they should also follow the relevant provincial regulations. For the affected houses and structures, they will be compensated based on their original scale, function and standards. If the compensation could not meet the needs of building houses for poor resettlers, additional compensation should be provided. For the stated owned culticated land areas used by other units or individuals, the compensation will follow the compensation for land acquisition of cultivated land. For the state owned unutilized land areas used by units and individuals, no compensation will be provided. After resettlement, the scattered trees and structures over flood line around reservoir that belong to resettlers should be compensated in line with Clause 3 and Clause 4 in this article. 4.1.2.2 Laws and Regulations of Hunan Province 1. Methods of Hunan Province for Implementing the Land Administration Law of the PRC

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Article 10: Where there are no conditions for reclamation or the reclaimed land does not conform to the requirements, the cultivated land reclamation fee should be paid to the land administration department of provincial People’s Government as the following standards when applying for turning agricultural land into other use. After approval for acquisition of the basal farmland, the reclamation fee shall be 10-12 times of the average annual yield within the three years prior to acquisition. Among which of acquisition the vegetable land, the reclamation fee shall be 10-12 times of the average annual yield of adjacent paddy field within the three years prior to acquisition. After approval for acquisition of the other cultivated land except for the basal farmland, the reclamation fee shall be 6-10 times of the average annual yield within the three years prior to acquisition. The construction unit should list the cultivated land reclamation fee as construction cost into the general investment of the construction project. The land administration department of provincial People’s Government should save the cultivated land reclamation fee with special account according to the regulations of provincial People’s Government, organize reclamation as the planning and allocate enough reclamation fee to the unit that is responsible for the reclamation of cultivated land. Article 18: Land compensation fee for the acquired land shall be paid in accordance with following standards. (1) The compensation fee for cultivated land (including paddy field, dry farmland and vegetable land), fishpond and lotus pond, shall be 6-10 times of the average annual yield of the land in the 3 years prior to acquisition. (2) The compensation fee for fruit garden, tea garden and economic forestland, shall be 50%-100% of the compensation standard of the adjacent paddy field, and the compensation fee for other forestland shall be 30%-50% of the compensation standard of the adjacent paddy field. (3) The compensation fee for grazing land shall be 30% of the compensation standard of the adjacent paddy field. (4) The compensation fee for the land used for public facilities or public enterprise of township /town /village and the rural housing plot of villagers, shall be equal to the compensation standard of the adjacent paddy field. (5) The compensation fee for fields on the hill, wasteland and other unused land, shall be 20% of the compensation standard of the adjacent paddy field. Article 19: Resettlement subsidies for the acquisition land shall be paid in accordance with the Article 47 of the Land Administration Law. Resettlement subsidies for the acquisition of fishpond,

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lotus pond, fruit garden, tea garden and economic forest land shall be paid in accordance with the regulations for requisition of cultivated land. Resettlement subsidies for other forestland and grazing land shall be paid in accordance with 50% of the standard of the adjacent paddy field. For the requisition of the land used for public facilities or public enterprise of township/town/village, the housing plot of villagers, and the land used for water conservancy, such as pond, channel, and dam, if it is necessary to rebuild, the resettlement subsidies shall be paid in accordance with the standards of rebuilding land; if unnecessary, the resettlement subsidies shall be paid appropriately. Resettlement subsidies shall not be paid for the requisition of barren hill or wasteland. Article 20: The compensation fee for the ground appendixes and young crops on the requisition land shall be paid in accordance with the following regulations. (1) The compensation for the young crops whose growing period is under 1 year, shall be paid according to the output value of one season, for the young crops whose growing period is over 1 year shall be paid according to the output value of 1 year. The compensation fee for the young crops shall also be paid with the actual loss according to the growing period. (2) The compensation for the forest trees that can be transplanted shall be paid transplanting fee together with actual loss. The forest trees that can’t be transplanted shall be evaluated and purchased, and the compensation for the forest trees that are lopped by the owner shall be paid with the actual loss. (3) Houses as well as other building and structures on the requisitioned land can be removed as compensation or purchased with equivalent price, or be compensated with equivalent houses, other buildings and structures. Article 32: One household of villagers in a rural area can only possess one housing plot, the area of which shall conform to the overall planning for land using of township/town. The cultivated land area of every household shall not exceed 130m2, the waste hill & land area shall not exceed 210 m2, and the other land area shall not exceed 180 m2. 2. Methods of Hunan Province for Implementing Urban Houses Demolition Administration Regulations (2002) Article 7: For rights, area, structure, use, etc of the removed house, it shall take the house ownership certificate as standards. For the item that is not given clear indication on the ownership certificate, it shall take the record of property right or other effective documents as standards. For the item that has been changed to other use, it shall take the approval documents by planning administration department and other relevant departments. Article 16: In the case of transposition of the property rights of removed houses, it is necessary for the relocater to provide resettlement houses that have legal procedure and accord with the quality &

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safety standards of the State and achieve resettlement only one time. For the transitional resettlement due to special conditions, it is necessary to arrange revolving houses according to Article 20 of this Method after the agreement with relocatee and houses demolition administration department. During the transition period, the design of replacement houses can be changed when relocater reaches an agreement with relocatee. Article 17: The relocatee or the tenant of public house who possesses too small house area (calculated including his other houses in same urban planning area) and is treated with the lowest living protection shall be arranged with replacement housing to ensure the lowest living level. Article 18: In the case of transposition of the property rights of removed houses, the relocater should transact registration procedure of houses’ property rights for the relocatee in time. The departments and units for control of household, education, and medical treatment, should transact relevant procedures for the relocatee in time, such as household transferring, school transferring and medical treatment, in accordance with the resettlement certificate of house relocation that provided by relocatee. Article 19: For the relocation of houses for production and management, the relocater should pay the relocation subsidies for the relocatee or the tenant. For the equipment that can’t be removed or renewed to use, the relocater should pay relevant compensation. The amount of compensation fee and subsidies for relocation shall be confirmed in accordance with the actual expense for teardown, conveyance and installation of the production equipment or with the actual value of the disused production equipment. For the relocation of domicile, the relocater should pay the relocation subsidies for the relocatee or the tenant. In the case of resettlement of only one time, the relocater shall pay the relocation subsidies in one time; in the case of transitional resettlement, the relocater shall pay the relocation subsidies according to the relocation times, and the relocation subsidies shall be confirmed according to the actual requirement. In the case of that the relocater takes charge of relocation, the relocater shall not pay the relocation subsidies. Article 20: During the period of transitional resettlement, the relocater should pay the temporary resettlement subsidies for the relocatee or the tenant that arranges revolving for himself/herself. The amount of the temporary resettlement subsidies shall be confirmed in accordance with the rent for using the similar house with the removed house. For the relocatee or the tenant that can’t arrange house for himself/herself, the relocater should arrange revolving house with the similar area to the removed house, but it is unnecessary for the relocater to pay the temporary resettlement subsidies.

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3. Methods for Implementing Cultivated Land Acquisition Tax of Hunan Province (Amendment) Article 2: In the case of acquisition of the following land owned by the State and the collectivity for house building or non-agricultural construction, the unit or individual that acquires land should pay cultivated land acquisition tax in accordance with this Method. (1)The paddy field and the dry farmland for planting crops, including cultivated land, newly cultivated land, rotation land and the land that had been used for planting crops in the 3 years prior to acquisition. (2)The land that is used mainly for planting crops and accidently for planting mulberry, tea tree, fruit tree and other forest trees, and the shoaly land that is used through reclaiming around. (3)Fishpond, lotus pond, vegetable land, garden plot (including seed plot, flower plot, drug plot, tea garden, fruit garden, mulberry garden and garden for planting other economic forest trees). Article 3: The amount of cultivated land acquisition tax shall be calculated in accordance with the actual acquisition area of above land by the taxpayer and specified amount standard of acquisition tax, and shall be assessed upon in only one time. Article 4: It shall take the average occupancy per head of cultivated land as its main bases of the amount standard of cultivated land acquisition tax, and the amount standard shall be determined according to the natural conditions and the economic development of each area. With the unit of county (including county-level city, same hereinafter), the average occupancy per head of cultivated land shall be calculated in accordance with the gross of population and cultivated land that are counted by local statistical department. The specific amount standards of acquisition tax are regulated as follows. (1)Take the county as the unit (same hereinafter). For the area where the average occupancy per head of cultivated land is under 0.5mu (including 0.5mu), the amount standard of acquisition tax is 6-10 yuan/m2. (2) For the area where the average occupancy per head of cultivated land is 0.5-1.0mu (including 1.0 mu), the amount standard of acquisition tax is 4-8 yuan/m2. (3) For the area where the average occupancy per head of cultivated land is over 1.0mu, the amount standard of acquisition tax is 3-7 yuan/m2. (4) For the acquisition of special vegetable land and fishpond for house building or other non-agricultural construction, the amount standard of acquisition tax is 10 yuan/m2. 4. A Notice about Improving “Basket Project” The planning department shall list the productive resources, which are used for the regulation of new vegetable land development fund, as the planning standards: for Changsha City, it is 20,000 yuan/mu; for the other cities under the Hunan Province, it is 15,000 yuan/mu; for the cities on

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planning list, it is 10,000 yuan/mu; for the cities under some area of Hunan Province, it is 7,000 yuan/mu; for county towns, it is 5,000 yuan/mu. 5. A Notice by Hunan Provincial Commodity Price Bureau and Finance Department about Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System The degree area of Shaodong County is the second class. The detailed standards for reclamation fee of cultivated land are listed as follows. 1) Paddy Field: 11000 yuan/mu; 2) Dry Farmland: 7000 yuan/mu. 6. Hunan Provincial Methods regarding Collection, Usage and Management of Rehabilitation Fee for Forest Vegetation 1) For timber forest, economic forest, firewood forest and nursery land, it is 6 yuan/m2; 2) For immature forest, it is 4 yuan/m2; 3) For protection forest, it is 8 yuan/m2, while for forest with special purposes, it is 10 yuan/m2; 4) For open woodland and shrub land, it is 3 yuan/m2. 5) For suitable land for forest, clear cut area, burned land, it is 2 yuan/m2; 7. A Notice by General Office of Hunan Provincial People’s Government about Issuing Land Requisition Annual Output Standards (XZB [2005] No. 47) The land requisition annual output standards in Shaoyang City: 1) Paddy Field of Class I: 1650 yuan/mu; Paddy Field of Class II: 1400 yuan/mu; 2) Dry Farmland: 1050 yuan/mu 3) Special Vegetalbe land of Class I: 2600 yuan/mu; Special Vegetalbe land of Class II: 2300 yuan/mu; 4) Special Fish Pond of Class I: 2200 yuan/mu; Special Fish Pond of Class II: 1900 yuan/mu. The adjustment factor in Shaodong County is 0.9.

4.2 Relevant Articles of the ADB 4.2.1 Policy Bases 1) Reluctant Resettlement Policy of the ADB (issued in November, 1995) and Resettlement Handbook of the ADB ---Doable Practice Direction (issued in 1998) 2) Policy about national minorities of the ADB 3) Policy about poor supporting of the ADB 4.2.2 Relevant Policies and Regulations The Resettlement Policy of the ADB includes the principles as follows. 1) Involuntary resettlement should be avoided where feasible.

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2) Where population displacement is unavoidable, it should be minimized by exploring all viable project options. 3) People unavoidably displaced should be compensated and assisted, so that their economic and social future would be generally as favorable as it would have been in the absence of the project. 4) People affected should be informed fully and consulted on resettlement and compensation options. 5) Existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible, and resettlers should be integrated economically and socially into host communities. 6) The absence of a formal legal title to land by some affected groups should not be a bar to compensation; particular attention should be paid to households headed by women and other vulnerable groups, such as indigenous peoples and ethnic minorities, and appropriate assistance provided to help them improve their status. 7) As far as possible, involuntary resettlement should be conceived and executed as a part of the project. 8) ADB policy requirements pay special emphasis on extreme poor families, women headed families, and other vulnerable social groups. These vulnerable groups should be provided special assistance so that their current status could be improved.

4.3 Compensation Standards for Project 4.3.1 Compensation Qualification All the owners and users of the buildings and land in the area of project land acquisition demolition shall get reasonable compensation or help. Municipal Demolition Office will issue Houses Demolition Proclamation and publicizes the relocaters, relocated areas and demolition time limit, etc. within 3 days after issuing Houses Demolition and Relocation License; and notifies the relative departments in written form to stop processing the following procedures within the relocated areas in relocation time limit. (1) Release the procedures of business license using demolished house as business place. (2) The procedures of trade, exchange, division, donation, transfer and mortgage, etc. of the demolished house, excepting the effective judgements and procedures executed for adjudication issued by People’s Court or arbitration institutions. (3) Examination and approval procedures of new-building, expansion, rebuilding and character changing of houses or auxiliaries. In this project, the cut-off date regulated by the government is considered as the date of finally

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determining that it is in accordance with the compensation conditions. People affected by the project include those who will lose land and house because of the project construction. The compensation or rehabilitation will be processed according to their loss type and quantity, and whether the loss is within the final construction drawing finished within the time limit regulated by the government; or will be treated as being temporarily affected in the construction period. After the cut-off date, the cultivated land, built houses or resettlement of the affected people in the project affected area will not meet the compensation or subsidy conditions. 4.3.2 Compensation Principles The compensation for house demolishment is a work under policies, which has heavy tasks and huge coverage, and it is related to the vital interest of resettlers. In accordance with the laws and policies of People’s Government of PRC and ADB, the compensation principles are listed as follows: 1) Ensure the justness when providing compensation and benefits to the affected so as to improve their living conditions, at least making them keep the living level before this project. 2) In principle, the residential house shall be compensated in cash or through exchange of property, whereas the non-residential house shall e compensated in cash. 3) All the people and structures in the project area will be compensated. The compensation can’t be refused due to the incompletion of such procedures as household procedure, renting procedure, business procedure, or legal procedure of some structure. 4) After land acquisition, the farmland holdings of each farmer shall be enough to keep his/her basic living conditions, and if it is not enough, other work shall be provided as their income sources. 5) Inform timely such information to the affected people, including acceptance conditions, compensation ratio and standard, planning for living and income recovery, and the project schedule. 6) Only after the compensation, the structures and their accessorial facilities can be demolished. The cost for land acquisition shall be paid within 3 months after the approval of land acquisition plan. 7) Land acquisition compensation and demolishment can’t be carried out before the affected are satisfied. 8) For the temporary land acquisition, the corresponding compensation fee shall be paid, including young crop fee, land loss compensation fee and reclamation fee. Of which, the land loss fee shall be determined as per the annual output value of original land and the land acquisition time, whereas the reclamation fee shall be determined as per the actual cost for reclamation.

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4.3.3 Compensation Reference and Standard for Land Acquisition 4.3.3.1 Permanent Land Acquisition of Project ● Collectively Owned Land 1) Compensation Standards for Cultivated Land Acquisition Cultivated Land Output Value Analysis Per mu Output Value of Cultivated Land: According to the relevant provisions of XZF [2005] No.47 document, A Notice by General Office of Hunan Provincial People’s Government about Issuing Land Requisition Annual Output Standards, the annual output values of paddy field, market vegetalbe land in Shaodong County are determined as per 0.9 time of the average of output values of class I and class II. Based on this calculated, the annual output value of paddy field is 1372.5 yuan/mu, that of dry farmland is 945 yuan/mu, that of market vegetalbe land is 2205 yuan/mu. Multiple of Land Compensation and Resettlement Subsidy According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China and Land Acquisition Compensation and Resettlement Regulations for Large/Medium Hydro & Power Engineering Construction, land compensation for the acquired cultivated land is 10 times of the average annual output value of the land per mu in the previous 3 years before land acquisition, and resettlement subsidy for each persons requiring economic rehabilitation is 6 times of the output value per mu. The young crops of less than one year growth period is compensated for according to output value of a season; and the cost of young crops is calculated as 40 percent of the annual output value according to farming system of the cultivated land in the project area. Unit Price of Compensation According to annual output value of the cultivated land per mu in the project area as well as compensation multiple, the unit price of compensation is calculated as 22517 yuan per mu for paddy field, 15498 yuan per mu for dry farmland, and 41162 yuan/mu for vegetalbe land, including the new vegetalbe land construction funds (5000 yuan/mu). 2) Compensation Standards for Garden land Acquisition According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China, the land compensation fee for garden land acquisition shall be 50 percent to 100 percent of compensation standards for the paddy field near the land. The resettlement subsidy shall be executed with reference to the regulations of the cultivated land. The garden land acquisition in this project is orange garden. Because of lower breed, it is generally self-sufficient or limited to sell within the range of the local region, with relatively low price. Through

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investigation and analysis, the compensation fee for garden land acquisition is 60 percent of paddy field standards, whereas resettlement subsidy is 100 percent of paddy field standards. And the compensation fee for affected fruit trees is set at 3600 yuan per mu according to 60 pieces per mu and 60 yuan per piece. Based on this calculation, compensation fee for garden land is 20076 yuan per mu. 3) Compensation Standards for Pond Acquisition According to the relevant regulations of Methods of Hunan Province for Implementing the Land Administration Law of the PRC, the land compensation fee for pond acquisition shall comply with compensation standards of vicinal paddy field, the resettlement subsidies shall comply with the relevant regulations for paddy field. Based on this calculation, the unit price of compensation fee for pond is 21968 yuan/mu. 4) Compensation Standard for Forestland Acquisition According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China, the land compensation fee for other forestland shall be set at 30 percent to 50 percent of the compensation standard for the paddy field near the land, the resettlement subsidy for other forestland and pasture land shall be set at 50% of the compensation standard for the paddy field near the land. Based on investigation, analysis, and calculation, the land compensation fee for forestland acquisition shall be set at 40% of the compensation standard for paddy field, the resettlement subsidy shall be set at 50% of the compensation standard for paddy field, and the timber compensation fee shall be calculated to be 549 yuan/mu as per 40% of the per mu output value of paddy field. Based on this calculation, the compensation for forestland acquisition is 10160 yuan/mu. ● State-owned Land 1) Compensation Standards of Industrial Land According to the relevant regulations from Land Administration Law of the People’s Republic of China and its Implementation Regulations, the calculation of the land price in the process of land lease sale, use rights transfer, mortgage and real estate development for state-owned land in Shaodong County will be based on standard land price supplemented with other factors, such as location, lease period, land use, appraisal date, floor area ratio, development program, and so on. The industrial land to be acquired in this project is mainly the land used by affected work units, Through the consultation among Shaodong PMO and affected work units as well as its department in charge, relocation and resettlement of land acquisition in urban flood control project in Shaodong County shall be executed as follows: the ownership of land acquisition for office, production and

69 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

storage building shall be compensated for 150 yuan per square meter. Based on this calculation, the unit price of compensation for industrial land acquisition in this project is 100000 yuan per mu. 2) Compensation Standards for Residential Land The residential land acquisition in this project is mainly housing plot of town dwellers. According to location factor of the demolished houses, through the consultation among Shaodong PMO and affected work units as well as its department in charge, the compensation for land occupation of all the urban residential houses is paid as 70 yuan per square meter. Based on this calculation, the unit price of compensation for land acquisition of urban residential houses in this project is set at 46667 yuan per mu. Considering that the compensation for urban residence land is included in compensation standard for urban residential houses, no separate item will be included in the final resettlement budget. For details of standards of permanent land acquisition in this project, see Table 4.3-2.

Shaodong County Compensation Standards for Permanent Land Acquisition in Urban Flood Control Project

Table 4.3-2 Unit: yuan/mu Land Land Resettlement Young Crop New Vegetalbe land Land Type Compensation Standards Ownership Subsidy Compensation Fee Construction Funds Fee Paddy Field 8235 8441 549 22517 Dry Farmland 5670 5812 378 15498 Collectively Market Vegetalbe land 13230 13561 882 5000 41162 Owned Land Garden Land 4941 8441 3600 20076 Pond 8235 8441 549 21968 Timber Forestland 3294 4221 549 10160 Industrial Land 100000 State-owned Acquisition Land Residential Land 46667 Acquisition 4.3.3.2 Temporary Land Acquisition in the Project Compensation fee for temporary land acquisition in this project includes the cost of young crops, compensation fee for land loss and the reclamation cost. Compensation fee for land loss is mainly used for compensating total amount of output or income of landowner from the original land, whereas the reclaiming expense is mainly used for reclaiming temporary land after occupation. Compensation fee for land loss is determined by the annual output value and occupation time of the land, whereas the reclamation cost is determined by actual expense of reclaiming. 1) The Unit Price of Temporary Land Acquisition Compensation According to materials provided by design organization, temporary construction site in this project is mainly the earth material site, which contains woodland on the slope and hillock (including timber land and shrub land) as well as a small quantity of dry farmlands, with 2-year occupation time. The

70 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

annual output value of dry farmland is 945 yuan per mu, and the cost of young crops is 378 yuan according to 40 percent of the annual output value. The average annual output value of shrub land is 412 yuan per mu according to 30 percent of the vicinal paddy field, and the forest compensation fee is 412 yuan according to the annual output value shrub land. Based on this calculation, the unit price of temporary land acquisition is, respectively, 2268 yuan for dry farmland per mu, 1236 yuan for shrubbery land per mu. 2) The Expense of Reclaiming Temporary Land Acquisition According to Temporary Land Rehabilitation Plan in the project, both the restoration engineering measures and plant measures of temporary construction site are included in the soil and water conservation design. Only reclamation of the temporary dry farmland acquisition is planned in this report, and the reclaiming area is 111 mu. Based on analysis on the engineering volume and the unit price that is necessary to reclaiming per mu cultivated land of the earth material site, the expense of reclaiming cultivated land is 3553 yuan per mu through calculation. For details of analysis on the unit price of reclaiming cultivated land per mu, see Table 4.3-3. Analysis Table of the Unit Price of Reclaiming Cultivated Land per mu Table 4.3-3

Item Unit Unit Price (yuan) Quantity Investment (yuan) Remarks

Total 3553 1. Earth work 3203 1.1Clay cover m3 6.74 333.5 2247.79 1.2 Arable layer backfilling m3 3.05 200.1 610.31 1.3 Arable layer leveling m2 0.78 333.5 260.13 1.4 Laying field ridge m3 6.52 13 84.76 2. Soil maturizaition 250 2.1 Farm fertilizer dan 1 50 50 2.2 Phosphorus fertilizer kg 0.7 150 105 2.3 Carbamide kg 1.3 50 65 2.4 Potash fertilizer kg 1 30 30 3. Field matching facilities mu 100 1 100

For details of standard for temporary land acquisition in this project, see Table 4.3-4.

71 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Shaodong County Compensation Standards for Temporary Land Acquisition in Urban Flood Control Project Table 4.3-4

Average Annual Land Loss Expense (yuan/mu) Young Crop Reclamation Cost No. Land Type Output Acquisition Time Total (yuan/mu) Standards Cost (yuan/mu) (yuan/mu) Value(yuan/m) (year) 1 Dry Farmland 945 2 1890 378 3553 5821 2 Shrub Land 412 2 824 412 1236 4.3.4 The Relocation Compensation Reference and Standards for Residential House and Auxiliaries 1) Residential House The dwellers’ residential houses in the project area are mostly brick concrete, brick wood and wood structures. In order to constitute reasonably compensation standards to make relocated household acquire the compensation equal to the replacement value, we investigated and analyzed the resettlement prices of brick concrete buildings and brick wood houses in the area affected by the project at the same time of investigating physical indices. The material consumption of house construction is determined by the relevant quota from Quota Manual of Architecture and Construction. Based on budgetary price of building materials in the fourth quarter of 2005 in Shaodong County, the price of materials is determined through analysis: the replacement value of urban residential brick concrete house is 355 yuan per square meter, the replacement value of brick wood house is 268 yuan per square meter. In general, these compensation rates will be used by the resettlement office as lowest limit. The implemented compensation rates will be based on actual appraised values in the project areas, which will be higher than these compensation rates. For details of analysis on replacement value of residential houses with various types of structures, see Table 4.3-5. Considering the different rate of decoration and building materials of residential houses in the project area, compensation standards for residential house with various types of structure in this project can fluctuate within the range of ten percent or so.

According to location factor of demolished houses as well as relocation and resettlement mode (cash compensation and property-right-exchange mode are adopted to the resettlement for urban residential housing relocation), through the consultation among Shaodong PMO and affected work units as well as its department in charge, the compensation for relocation and demolition of urban houses in urban flood control project of Shaodong County shall be executed as follows: all the urban residential houses are compensated according to the mode of cash resettlement in principle. Among them, the section of land is compensated as 70 yuan per square meter, and compensation standard for the section of construction complies with the replacement value. Based on these calculations, compensation standards for relocation and demolition of residential houses in urban flood control

72 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

project of Shaodong County are presented in Table 4.3-6.

The Analysis and Calculation Table of Replacement value of Structure Classification Unit Area of Urban Residential House Table 4.3-5 Brick Concrete Brick Wood Unit Price Item Unit Amount Amount Remarks (yuan) Quantity Quantity (yuan) (yuan) 1. Direct Cost 300.12 226.76 1) Basic Direct Cost 294.24 222.31 Cost of Materials 193.44 146.71 Rolled Steels kg 2.68 14.7 39.4 4.8 12.86 Small Grey Tile piece 0.06 180 10.8 Cement Kg 0.22 90 19.8 50.3 11.07 Timber m3 450 0.08 36 0.105 47.25 Cast Iron Pipe Kg 6 2.2 13.2 Felt m2 2.19 0.85 1.86 Asphalt Kg 1.68 1 1.68 Glass m2 19 0.15 2.85 0.15 2.85 Brick Piece 0.15 240 36 218 32.7 Lime kg 0.12 45 5.4 68 8.16 Sand m3 34 0.35 11.9 0.23 7.82 Macadam m3 38 0.3 11.4 0.05 1.9 Nail kg 6 0.5 3 0.5 3 Other Materials 6.00% 10.95 8.3 Labor Cost Labor day 24 4.2 100.8 3.15 75.6 2 percent of Basic Direct 2) Other Direct Cost 2.00% 5.88 4.45 Cost 2. Indirect Cost 7.00% 21.01 15.87 7 percent of Direct Cost 3. Construction Profit 7.00% 22.48 16.98 7 percent of Item 1-2 4. Tax 3.41% 11 8.31 3.41 percent of Item 1-3 5. New Construction Cost m2 354.61 267.92 6. Land Value 70 1 70 1 70 7. Total Construction Cost 424.61 337.92 Round-off Value yuan 425 338

Shaodong County Compensation Standards for the Demolished House in Urban Flood Control Project Table 4.3-6 Replacement Land Housing Type Structure Unit Standards Remarks Value Value Brick Concrete yuan/m2 355 70 425 Fluctuant Amplitude 385~465 2 Town House Brick Wood yuan/m 268 70 338 Fluctuant Amplitude 306~372 Simple Structure yuan/m2 80 80

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2) Auxiliary Facilities Compensation for auxiliary facilities in this project is determined by similar project in this province and the unit price of current building materials in Shaodong County. For details, see Table 4.3-7.

Compensation Standards for Auxiliary Facilities of Residential House in Urban Flood Control Project of Shaodong County Table 4.3-7 No. Item Unit Standards Remarks 1 Cement Sunny Field Yuan/m2 25 2 well Yuan/piece 300

3) Compensation for Infrastructure Compensation for infrastructure mainly includes investment of resettlement housing plots, including leveling, and facilities construction such as water supply, electricity, and road access. According to resettlement plan, the urban dwellers will be resettled in one location at Industrial Community of Liangshi Town. The current infrastructures in the resettlement site are well-developed. For all the resettlers in the new resettlement site, using existing water supply, power network and road access, the issue of providing related infrastructure could be solved. According to landform of resettlement site in this project area and with reference to other provincial similar projects, the project compensation fee for infrastructure such as site leveling, drinking facilities and lighting facilities is set at per capita 1500 yuan. 4) Moving and Transfer Allowance For resettlers affected by relocation, although most of them will be relocated not far away, in the local region, it is inconvenience for rebuilding houses in such relative tight schedule, thus the moving and transfer allowance will include moving expense, living allowance, temporary housing allowance, second moving expenses, and so on. The transfer period is set at three months. Moving expense includes cost of vehicles, material transport cost, and material damage expense. Compensation fee is set at 100 yuan per person; Living allowance includes meal and lodging expenses during moving, medical care during moving, and loss working time because of moving. Compensation fee is set at 50 yuan per capita; Temporary housing allowance refers to resettlers’ temporary housing expenses before their new houses are built. A large majority of the resettlers belong to non-rural population. They will have to rent the temporary residential houses, and the temporary housing allowance is set at 150 yuan per capita; Second moving cost mainly refers to the cost of moving from temporary residential houses to replace new houses. It is set at 100 yuan per person.

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4.3.5 Compensation Reference and Standards for Affected Individuals Engaged in Small-scale Business According to the investigation, no individual engaged in small-scale business is affected in this project. 4.3.6 The Compensation Reference and Standard of Affected Enterprises and Institution 1) Non-residential houses In the project area, since most of the non-residential houses relocated are office buildings, workshops and staff’s dormitory of enterprises and institutions, the compensation standard will comply with the compensation standard of urban residential housing demolition. These compensation rates will be used by the resettlement office as lowest limit. The implemented compensation rates will be based on actual appraised values in the project areas, which will be higher than these compensation rates. In view of compensation as 150 yuan per square meter for acquired land areas belonging to enterprises and institutions, the building compensation will be mainly based on lost structures, and compensation standards will be based on replacement value for the lost structures. For details of compensation standard, see the Table 4.3-8.

The Compensation Standard for Non-residential Housing Relocations in Urban Flood Control Project of Shaodong County Table 4.3-8

The Type of the Non-Residential Housing Structure Unit Standards Remarks

Brick Concrete yuan/m2 355 Fluctuant amplitude 320-390 Office buildings, workshops, Staff’s Dormitory Simple Structure yuan/m2 80

2) Accessorial facilities Within the project range, the compensation standard of accessorial facilities relocations of non-residential housing will comply with the compensation standard of accessorial facilities relocations of urban residential housing. In this project, only cement sunny fields are affected, and the compensation standard is determined to be 25 yuan/m2. 3) The Compensation of Production Equipment According to the relevant regulations in the Methods of Hunan Province for Implementing Urban Houses Demolition Administration Regulation, the compensation of enterprises production equipment includes the compensation of removable equipment and non-removable equipment in this project. The compensation of non-removable equipment will be calculated according to the repurchasing price of the equipment, and only the fee of disassembly, installation and debugging shall be considered for the removable equipment.

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According to investigations, no large production equipment will be affected, and most affected equipment can be easily installed and re-used, therefore, the actual expense is very low. According to consultation with the enterprises to be moved, the compensation of production equipment of enterprises removing at this stage will be paid as 10% of repurchasing price for the cost of disassembly, installation and debugging. 4) Relocation Allowance The relocation allowance during the course of relocations of enterprises and institutions in this project will be paid as the amount of demolished non-residential housing space * 25 yuan/ m2. 5) The Loss Compensation for Stop Production and Working in Removing Period According to the consultation of PMO, and the units to be removed and their departments in charge of Shaodong County, the loss compensation of the urban flood control Project of Shaodong County for Stop Production and Working in removing periods will be paid as per 6 yuan/m2. The time of Stop Production and Working shall be not over 6 months in principle. 4.3.7 Compensation Reference and Standard of Special Facilities Affected by the Project 1) Transportation Facilities Accumulation of project area transportation facilities recovering and rebuilding compensation investment shall accord to the following stipulations: JGLF Document No. [1996] 612 Highway Basic Construction Project Budgetary Estimate and Budget Compiling Method issued by Ministry of Communications; XJZZ Document No. [1996] 533 Notice on Compensatory Regulation of Formulating Highway Basic Construction Project Valuation, Budgetary Estimate and Budget Compiling Method issued by Department of Communications of Hunan Province; JGLF Document No. [1996]612 Highway Project Budgetary Estimate Quota and Basic Price Table of Highway Project Budgetary Estimate Quota issued by Ministry of Communications; According to the analysis and calculation and with the reference to the compensation standard for other projects, unit price of post facility rebuilding compensatory of the project is determined as follows: mechanical farm road is 100000 yuan/km, medium bridge is 150000 yuan/piece, small bridge is 60000 yuan/piece. 2) Facilities for power transmission and transformation In order to formulate the compensational standard correctly and reasonably, investigation and analysis of average price per kilometer of 10kV high voltage wire and 380 low voltage in the project area is carried out in details along with investigation on physical indices. According to the electric engineering budgetary estimate compiling method and related quota, the consumption volumes of materials are determined by calculation and analysis on unit price. The prices of material are determined on the basis of material budget price of the fourth quarter of 2005 in Shaodong County.

76 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

According to the typical analysis on unit price and with reference to the similar projects, unit price of rebuilding compensation for 10kV high voltage tension and 380V low voltage tension in the project area is determined to be 50000 yuan/km and 27500 yuan/km (see Table 4.3-9 and Table 4.3-10). 3) Water Conservancy Facilities In this project, the water conservancy facilities include electric irrigation stations, ponds in hills, and channels. With reference to the similar projects, the compensation standards for the water conservancy facilities are listed as follows: 1000 yuan/kw for electric irrigation station, 30000 yuan/piece for pod in hill, and 40000 yuan/km for channel. 4) Communication Facilities The communication facilities affected by this project are mainly the broadcast lines. With reference to the similar projects, the compensation for broadcast line is determined to be 35000 yuan/km. 5) CATV Line With reference to the similar projects, the compensation for CATV line is determined to be 35000 yuan/km.

77 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Unit Price Analysis Table of Per-kilometer 10KV Electric Power Line Table 4.3-9 Unit Price (yuan) Amount (yuan) No. Name of Cost Specification (ratio) Unit Quantity Subtotal Wage Material Machine Subtotal Wage Material Machine Round-off compensation standard 50000 Total 49966 I Material cost 24906 (1) Main material cost 22642 1 Concrete pole YB-15-10 Piece 20 554 11080 2 Wire LGJ-35/6 kg 444 16.5 7326 3 Cross arm 63×6×1500 Set 20 59 1180 4 Needle ceramic bottle PT-15T Set 60 21 1260 5 Single crown bar ZJ1-62×R95 Set 20 41 820 6 Hoop BGR-R100 Set 20 17 340 7 Guy wire GJ-35 kg 11 7.5 83 8 Guy anchor LP-04 Set 4 50 200 9 Pull rod φ15*2500 Piece 4 32 128 10 Guy anchor ring UM22 Piece 4 28 112 11 Material loss % 0.5 113 (2) Supplementary material cost 10% of main material cost 2264 II Installation Cost 25060 (1) Site transportation 6590 4834 56 1700 1 Passenger transportation Average run distance1km tkm 14.12 230 230 3248 3248 0 0 2 Truck material handing t 14.12 47 7 4 36 663 99 56 508 3 Transportation by truck Run distance 50km tkm 706 1.15 0.15 1 812 106 0 706 4 Terrain adjustment and increase 40% of item 1 to item 3 % 40 3453 1214 1867 1381 486 (2) Earth and rock work 2334 950 1031 353 Pole pit 0.8×0.8×1.9 m3 24.32 86 35 38 13 2091 851 924 316 Guy wire pit 0.4×0.8×2.2 m3 2.82 86 35 38 13 243 99 107 37

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Unit Price Analysis Table of Per-kilometer 10KV Electric Power Line Table 4.3-9 Unit Price (yuan) Amount (yuan) No. Name of Cost Specification (ratio) Unit Quantity Subtotal Wage Material Machine Subtotal Wage Material Machine (3) Erect the pole and lay the wire 2735 1426 890 419 1 Erect the pole Piece 20 46.2 29.3 2.7 14.2 924 586 54 284 2 Cross arm installation Set 20 9.4 7.2 2.2 188 144 44 0 3 Fabricate the guy wire Set 4 11.6 10 1.6 46 40 6 0 4 Installation of guy anchor Set 4 5 5 20 20 0 0 5 Lay the wire km/single wire 3 519 212 262 45 1557 636 786 135 (1) to (3) in total 11659 7210 1977 2472 ( ) Basic direct cost % 22 7210 1586 ( ) General cost % 53.3 7210 3843 ( ) Design profit % 49.2 7210 3547 (VIII) Adjustment of labor cost % 27.27 7210 1966 (VIII) Far place adding cost % 11.48 7210 828 (IX) Tax 3.348% of item 1 to item 8 % 3.348 23429 784 (X) Labor insurance funds 3.5% of item 1 to item 9 % 3.5 24213 847

79 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Unit Price Analysis Table of Per Km. 380V Electric Line Table 4.3-10 Unit Price (yuan) Amount (yuan) No. Name of Cost Specification (ratio) Unit Quantity Subtotal Wage Material Machin Subtotal Wage Material Machine e Round-off compensation standard 27500 Total 27493 I Material cost 11861 (1) Main material cost 10783 1 Concrete pole YB-15-7 Piece 20 245 4900 2 Wire LGJ-16/3 kg 274 16 4384 3 Four lines cross arm 50×5×1500 Set 20 40 800 4 Butterfly ceramic bottle ED-2 Set 160 1 160 5 Encircling BGR-R80 Set 20 11 220 6 Guy wire GJ-35 kg 6 7.5 45 7 Guy anchor LP-04 Piece 2 50 100 8 Pull rod φ15*2500 Piece 2 32 64 9 Guy anchor ring UM22 Piece 2 28 56 10 Material loss % 0.5 54 (2) Supplementary material cost 10% of main material 1078 II Installation Cost 15632 (1) Site transportation 4009 2940 34 1035 1 Man-power transportation Average run distance1km tkm 8.59 230 230 1976 1976 0 0 2 Truck material handing t 8.59 47 7 4 36 403 60 34 309 3 Truck transportation Run distance 50km tkm 429.5 1.15 0.15 1 494 64 0 430 4 Terrain adjustment and increase 40% of item 1 to 3 % 40 2100 739 1136 840 296

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Unit Price Analysis Table of Per Km. 380V Electric Line Table 4.3-10 Unit Price (yuan) Amount (yuan) No. Name of Cost Specification (ratio) Unit Quantity Subtotal Wage Material Machin Subtotal Wage Material Machine e (2) Earth and rock work 1045 425 462 158 Pole pit 0.8*0.8*1.5 m3 11.52 86 35 38 13 991 403 438 150 Guy wire pit 0.4*0.8*2 m3 0.64 86 35 38 13 54 22 24 8 (3) Upright stanchion and lay wire 2133 1184 525 424 1 Upright the cement pole Piece 20 46.2 29.3 2.7 14.2 924 586 54 284 2 Cross arm installation Set 20 9.4 7.2 2.2 188 144 44 0 3 Fabricate the guy wire Set 2 11.6 10 1.6 23 20 3 0 4 Installation of guy anchor Set 2 5 5 10 10 0 0 5 Lay the wire km/single wire 4 247 106 106 35 988 424 424 140 (1) to (3) in total 7187 4549 1021 1617 (4) Basic direct cost % 22 4549 1001 (5) General cost % 53.3 4549 2425 (6) Design profit % 49.2 4549 2238 (7) Adjustment of labor cost % 27.27 4549 1241 (8) Far place adding cost % 11.48 4549 522 (9) Tax 3.348% of item 1 to 8 % 3.348 14614 489 (10) Labor insurance funds 3.5% of item 1 to 9 % 3.5 15103 529

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See table 4.3-11 for reconstruction compensatory standard of special item of the project. Summary Table of Special Facilities Compensation Standard in Urban Flood Control Project of Shaodong County Table 4.3-11 Item Sub-item Unit Standard (yuan) Remarks 1. Communication facility Mechanical farm road km 100000 Medium Bridge Piece 150000 Small Bridge Piece 60000 2.Facility of power transmission and

transformation 10KV high voltage line Km 50000 380V low voltage line Km 27500 3. Water Conservancy Facilities Electric Irrigation Station Kw 1000 Pond in hill piece 30000 Channel km 40000 4. Communication Line Broadcast Line km 35000 5. CATV Line km 35000

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

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Table of Relocatee Rights and Interests of Shaodong County Urban Flood Control Project Table 4.4-1

Compensation Standard (yuan/Unit) Affected Affected Type Policy of Land Acquisition and Resettlement Object Standard (Fluctuant Compensation Item amplitude) 1.The compensation of all the houses shall be obtained according to replacement value, and no depreciation charge is allowed. Housing Compensation Available materials belong to the relocatees, and they also can use them to build new house. These compensation rates will be used by the resettlement office as the lowest limit. The implemented compensation rates will be adjusted according to actual Brick Concrete Structure 425 yuan/m2 (385~465) appraised values in the project areas. 2. Resettlement institution shall help the rural relocatee to get the new housing plot in his own group, each person shall get Brick Wood Structure 338 yuan/m2 (306~372) 1500 yuan for resettlement site leveling, water drinking and lighting. 3. The resettlement plan respects the ideas of the large majority of the resettlers. Cash compensation and property-right-exchange mode shall be adopted to the dwellers affected by the project, and the demolished houses shall be Simple Structure 80 yuan/m2 compensated as per the replacement value. Before the completion of new house, the relocatees can live in their original houses and they shall not be forced to move before the stipulated date. Accessorial Facilities 4. All the urban residential houses that are compensated according to the mode of cash resettlement in principle, and the section of land is compensated as 70 yuan per square meter, and compensation standard for the section of construction Cement Sunny Field 25 yuan/m2 complies with the replacement value. 5. For the construction area of property-right-exchange compensation equal to original construction area of relocated houses, Urban Well 300 yuan/piece residential its relevant account will not be settled as price difference; the overage area within 15% of the original area shall be paid by the house and Relocatee relocatee as per the compensation price; the other overage area shall be paid by the relocate as per the floor factor, which is accessorial limited within 20% of the original house price. Compensation for Infrastructure building 6. Relocatee shall get the notice three months before the construction of new houses, and they shall have at least two to three Site Leveling, Drinking and 1500 yuan/person months to build the house. Discuss the arrangement of house building time fully with the relocatee in village and town, and it is Lighting better to arrange it in slack season. Moving and transfer allowance will be considered including moving cost, living allowance, medical expense, temporary house transfer and second-time moving charge. And the transfer period is three months. Demolition Subsidy 7. In the process of implementation the effective measures are adopted by resettlement organ at all levels to help the vulnerable (the old, the handicapped, the weak, and woman-headed family: the subsidy of building new houses for specially Moving Charge 100 yuan/person poor family is 3000 yuan per household, the living allowance for the vulnerable family is 600 yuan per person. And sub-district and residence committee will help the resettlers to re-build and move to new houses under the circumstances of holding counsel with them. Living Subsidy 50 yuan/person 8. Compensation fee for house shall be paid to the relocatee before the construction of new house. If the installment plan is adopted, the final cost shall be paid to them before the completion of new house. Temporary House Subsidy 150 yuan/person 9. The resettler can lodge appeal for any aspects of the resettlement, including the compensation standard. No expense shall be paid to the organ dealing with resettlers’ appeal. Second Moving Charge 100 yuan/person

83 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Table of Relocatee Rights and Interests of Shaodong County Urban Flood Control Project Table 4.4-1

Compensation Standard (yuan/Unit) Affected Affected Type Policy of Land Acquisition and Resettlement Object Standard (Fluctuant Compensation Item amplitude)

Housing Compensation 1. All enterprises and institutions affected by the project are planned to be relocated and rebuilt by themselves, and the PMO shall discuss with the related units about the compensatory standard and relocating and rebuilding time. All the costs needed by the construction shall be listed into the general budgetary estimate of the project and be Brick Concrete Structure 355 yuan/m2 (310~380) paid by the PMO 4 months before the commencement of corresponding project. Labor resettlement in the course of resettlement shall be paid in unpredictable costs by the PMO. Simple Structure 80 yuan/m2 2. All the non-residential houses are compensated according to the mode of cash resettlement in principle. Among them, the section of land is compensated as 150 yuan/m2, which are listed into compensation fee for industrial land; and compensation standard for construction section shall be executed with reference to the replacement values of the urban The non-residential houses and accessorial facilities shall residential houses, and no depreciation will be deducted. These compensation rates will be used by the resettlement office be compensated as per the standards for urban resident

as the lowest limit. The implemented compensation rates will be adjusted according to actual appraised values in the project house and accessorial facilities. areas. Owner of title 3. Moving allowance for enterprises and institutions during the course of relocation is calculated at 25 yuan/m2 according to Moving Allowance 25 yuan/m2 the area of non-residential house needed to be removed. Enterprises and institution 4. The compensation of production equipment of enterprises removing at this stage will be paid as 10% of repurchasing price for the cost of disassembly, installation and debugging. Compensation for loss of business suspension 5. For the enterprise or institutions affected during the demolishment, the compensation for their loss of business

Non-residential house and its accessorial building suspension should be paid according to the actual influence. In principle, the business suspension days are limited within 3 months. Brick Concrete Structure 6 yuan/m2·month

1. The paid transfers of land ownership are adopted to industrial land within project range, and the compensation shall be paid Industrial Land Acquisition 100000 yuan/mu as per 150 yuna/m2. Permanent 2. Urban residential land acquisition in project area shall be compensated according to the mode of cash resettlement. . State-owned land Among them, the section of land is compensated as 70 yuan/m2. land Residential Land Acquisition 46690 yuan/mu acquisition 3. In the project, for the land acquisition of other stated-owned land such as urban unused land, the volunteer transfer is adopted to obtaining owner ship of state-owned land. Other Land Acquisition Volunteer transfer

84 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Table of Relocatee Rights and Interests of Shaodong County Urban Flood Control Project Table 4.4-1

Compensation Standard (yuan/Unit) Affected Affected Type Policy of Land Acquisition and Resettlement Object Standard (Fluctuant Compensation Item amplitude)

1. For the project construction land acquisition, the village shall obtain the land compensation cost and resettlement subsidy paid by the land acquisition unit; and relocatee will obtain young crop cost and ground adhesion matter compensation cost Paddy field 22517 yuan/mu an so on; What’s more, If the land adjustment or the land reclamation is carried out inside the villager’s group to make the affected farmers by land acquisition obtain land or other means of production, the land compensation fee and the resettlement subsidies should be controlled for utilization by the villager’s group collective On the contrary, if there is no Dry farmland 15498 yuan/mu possibility to carry out land adjustment or land tidying or development, and the relocatee has not got any production materials, the village group shall pay not less than 75% of the land compensation fee and resettlement subsidy to them. 2. Land compensation fee and resettlement subsidy shall be used in the livelihood rehabilitation of relocatee in the project Market vegetalbe land 41162 yuan/mu construction, such as construction of farmland water conservancy facility, rebuilding of rural infrastructure and adjustment of Permanent Collectively agriculture structure and so on. land owned land 3. The compensation standard for cultivated land acquisition is calculated based on the average output value per mu of the Garden land 20076 yuan/mu acquisition involved cultivated land. Compensation of cultivated land acquisition and multiple of resettlement subsidy shall be in accordance with the quantity of per capita cultivated land area before the land acquisition in project area, and shall be determined according to Land Administration Law of the PRC and Methods of Hunan Province for Implementing the Pond 21968 yuan/mu Land Administration Law of PRC. Requisition of garden land, villagers’ housing plot and other unused land shall be compensated properly with reference to the stipulation of cultivated land acquisition. 4. The land compensation fee shall be paid to the village collective unit or land contractor before the land acquisition. 5. Land redistribution shall be carried out in slack season. And for all the farmers lost the land because of the project, they will Timber forest land 10160 yuan/mu acquire new land through land redistribution.

1. The compensation fee for temporary land includes young crops cost, land loss compensation cost and reclamation cost. Dry farmland 5821 yuan/mu Time limit of the temporary land is set at two years. 2. The compensation fee for land loss is mainly used for compensating total amount of output or income of landowner from the original land. And the compensation fee for land loss shall be determined according to the annual output value and occupation Temporary Contractor time: dry farmland is 1890 yuan/mu, timber land is 1098 yuan/mu, shrub land is 824 yuan/mu; young crop costs are as follows: Timber land 1647 yuan/mu land dry farmland is 378 yuan/mu, timber land is 549 yuan/mu, and shrub land is 412 yuan/mu. 3. After the construction, the land occupied shall be rehabilitated and returned to the village affected by the project. Temporarily-occupied dry farmland shall be reclaimed and the reclamation cost is 3553 yuan/mu. Shrub land 1236 yuan/mu

85 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Table of Relocatee Rights and Interests of Shaodong County Urban Flood Control Project Table 4.4-1

Compensation Standard (yuan/Unit) Affected Affected Type Policy of Land Acquisition and Resettlement Object Standard (Fluctuant Compensation Item amplitude)

Mechanical Farm Road 100000 yuan/km

Medium Bridge 150000 yuan/piece

Small Bridge 60000 yuan/piece

10KV high voltage line 50000 yuan/km

All the special facilities affected by the project shall be rehabilitated and rebuilt according to the actual conditions affected by 380V low voltage line 27500 yuan/km Special Owner of title the project, original standard, scale and function. The PMO shall plan the investment according to the rehabilitation plan, and facility supply proper compensation funds for the each department in charge of special facility to organize the implementation. Electric Irrigation Station 1000 yuan/kw

Pond in hill 30000 yuan/km

Channel 40000 yuan/km

Broadcast Line 35000 yuan/km

Post Line 35000 yuan/km

86 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

5. Resettlement and Rehabilitation Measures

5.1 Resettlement and Rehabilitation Strategies 5.1.1 Resettlement and Rehabilitation Objectives Make proper compensation and appropriate resettlement in order to insure the productivity, income level and living conditions of the affected people could be restored or improved. 5.1.2 Principles and Guidance for Resettlement 1) The RAP should be based on the social and economic survey and the statistics of the physical indices surveyed in the affected project area. It should also conform to the national and local land acquisition laws and policies and policy of involuntary resettlement established by ADB. 2) The engineering design should be optimized in order to protect the land and minimize the impact by the land acquisition and resettlement. To minimize the number of involuntary relocatees, the project should avoid the areas with high population density and multi-storied buildings as much as possible. Better construction methods and other measures should be taken to reduce the disturbance to people. 3) All the compensations and resettlements for the involuntary relocatees should be a part of the project. In order to benefit the relocatee, sufficient funds should be available to them. 4) It should be ensured that all the affected persons’ loss caused by the project would be compensated before the remove. Reasonable resettlement and effective rehabilitation should be conducted and provide assistance for their temporary difficulties during transfer. 5) It should be ensure that, after the resettlement, the living conditions, productivity and income level of all affected persons could come back to or exceed the level without the project. 6) There is no deduction for depreciation or any kind of discount for house and other asset compensation, which should be based on replacement values. Compensation can be made in cash or in kinds (such as transposition of property rights). No matter by what means, the compensation should be enough to buy a house with similar structure and condition of the same size in the same area. The project sponsor has the responsibility to recommend affordable houses to the relocatees, and help them deal with the transactions (including some preferential benefits). 7) All the persons and buildings that are negatively affected by the project should be compensated. The compensation and help should not be canceled because of the incompleteness of residence register, lease and operation register. 8) No compensation or relocation could be given to the people who enters the project area and occupies any land or house beyond the deadline as stipulated. Anyone who refuses to sign the compensation for relocation contract or refuses to remove after the contract was signed will be treated according to

87 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

relevant judicial programs or laws. 9) Relocatees’ loss will be compensated during the moving and transfer process. The recommended host area should be provided with basic infrastructure and service facilities. 10) Non-residential units’ loss caused by remove and suspension of business will be compensated. Reconstruction within the affected areas and relocation in outside area should conform to the planning requirements, as well as the second- remove should be avoided in the coming days. 11) Vulnerable group should be treated reasonably. The project sponsor should help them with choosing and moving their houses. 12) The owners of the infrastructure should be compensated. The compensation should be used for the reconstruction of affected infrastructure and rehabilitation of the function. 13) Land acquisition and the loss caused by land acquisition should be compensated reasonably. Compensation for land acquisition will be paid to the collective organization to develop the collective economy, improve the public facilities and provide rehabilitation to affected villagers. The resettlement subsidies will be paid to the resettlement sponsors or the resettled individuals or to pay the insurance c. 14) All the fees for land acquisition should be paid within three months after the compensation and resettlement program get approved. It should also be no later than the day the land is put into construction use. 15) Generally, the temporarily land acquisition should not be longer than two years. The user should restore the conditions of the occupied cultivated land within one year after its occupation. When the collective land is occupied, a temporary land acquisition contract should be signed between the temporary land occupier and the collective economic organization or the residential committee and compensation for temporary land acquisition should be paid. The temporary land acquisition compensation should cover the loss to the former owner and user of the land (including the agriculture taxes). The standard of compensation should be increased and the former user of the land should be resettled appropriately if the use purpose or property right of the land changes when it was returned. If the temporarily land acquisition exceeds two years, the acquisition procedure should be handled again. 16) In order to insure the living standards and income levels will not decrease, all the labor forces affected by the land acquisition and resettlement should be provided with employment opportunity. Rehabilitation by allocating replacement land is encouraged, supplemented by development of second and tertiary industries. The villagers can choose to find a job by oneself. If they want to register a permanent residence in urban area, the former collective economic organization shall assist the relocatees to pay all insurance expenses. 17) Encourage the relocatee to participate in the preparation of resettlement planning and the process of resettlement; let the relocatee know the compensation and resettlement policies and standards. It

88 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

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

5.2 Resettlement Population Calculation According to the investigation, 793 households with 2210 persons are affected by the project land acquisition, of which 945 agriculture persons need economic rehabilitation and 164 persons in 26 households need new houses. According to the time schedule of the project construction, the resettlement implementation will be commenced at the end of 2007, which is close to the investigation basic year, so the resettlement plan is prepared based on the population to be relocated as actually investigated, not take the nature increase of population into account. 5.2.1 Economic Rehabilitation Populations The project is in the linear distribution along Shaoshui River and aparting-flood channel, most of the affected persons only lose a partial land in land acquisition. According to the spot-investigation, the land acquisition under the project will affect 23 groups in 7 villages in Liangshi Town, Shaodong County, and a total of 748 households with 1930 persons will be affected. The permanently occupied cultivated lands amount to 842mu and the lost cultivated land per capita reaches 0.46mu. In terms of number of

89 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

people who need economic rehabilitation, which refers those who would lose all their farmland holding. It is calculated by dividing amoun of acquired farmland in each affected village group by the per capita farmland holding in that village group. The calculation formula is as follow: K= K，×S/S＇ Where: K stands for the number of people who need economic rehabilitation population in every villagers group. S stands for the area of occupied cultivated land due to the project in every villagers group; S stands for the existing per capita cultivated land in every villagers group; K， stands for the number of people who need rehabilitation agricultural population in every villagers group. According to the above formula, in the project affected range, there are 945 agricultural persons need the economic rehabilitation. The calculation of economic rehabilitation population in every villager group is shown in details in Table 5.2-1.

90 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Calculation of Economic Rehabilitation Population Table 5.2-1

Current Basic Status Occupied cultivated land Residual Proportion Village Cultivated cultivated Economic County Current cultivated land (mu) Cultivated land (mu) of land Town(ship) (residential Group Agricultural land per land per rehabilitation (region) acquisition committee) population Paddy Commercial capita Paddy Commercial capita population Subtotal Dryland Subtotal Dryland (%) filed Vegetalbe land (mu/capita) filed Vegetalbe land (mu/capiata) Shaodong 1 7 23 2084 1355 964 338.4 52.2 0.65 600 451.3 114.3 34.4 0.36 44.3 945 Liangshi 7 23 2084 1355 964 338.4 52.2 0.65 600 451.3 114.3 34.4 0.36 44.3 945 Hutang 2 144 63 45 18 0.44 49.3 38.7 10.6 0.1 78.3 113 Xiaoshui 49 38 29 9 0.78 29.6 22.4 7.2 0.17 77.9 38 Hexing 95 25 16 9 0.26 19.7 16.3 3.4 0.06 78.8 75 Meiling 5 388 212.6 133 50.6 29 0.55 117.3 67 28.5 21.8 0.25 55.2 203 Chenjia 110 69 38 18 13 0.63 59.3 32.5 14.7 12.1 0.09 85.9 95 Guanwu 82 45 26 12 7 0.55 30.8 15.5 8.6 6.7 0.17 68.4 56 Laowu 68 39.6 23 7.6 9 0.58 17.2 9 5.2 3 0.33 43.4 30 Zhongxin 72 34 28 6 0.47 5 5 0.4 14.7 11 Yuejin 56 25 18 7 0.45 5 5 0.36 20 11 Xinfeng 3 158 143 99 44 0.91 89.4 74 15.4 0.34 62.5 98 Miaobian 68 45 26 19 0.66 26.4 18.4 8 0.27 58.7 40 Qianjin 54 49 37 12 0.91 32.2 26.2 6 0.31 65.7 35 Xinxing 36 49 36 13 1.36 30.8 29.4 1.4 0.51 62.9 23 Xinglong 7 593 342 245 73.8 23.2 0.58 175.8 140 23.2 12.6 0.28 51.4 309 1 109 62 45 12 5 0.57 37.4 30 7.4 0.23 60.3 66 2 72 38 30 2.8 5.2 0.53 27 19 2.8 5.2 0.15 71.1 51 4 65 39 26 8 5 0.6 27.8 17 6.2 4.6 0.17 71.3 46

91 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Calculation of Economic Rehabilitation Population Table 5.2-1

Current Basic Status Occupied cultivated land Residual Proportion Village Cultivated cultivated Economic County Current cultivated land (mu) Cultivated land (mu) of land Town(ship) (residential Group Agricultural land per land per rehabilitation (region) acquisition committee) population Paddy Commercial capita Paddy Commercial capita population Subtotal Dryland Subtotal Dryland (%) filed Vegetalbe land (mu/capita) filed Vegetalbe land (mu/capiata) 5 70 36 30 3 3 0.51 17.8 15 2.8 0.26 49.4 35 7 86 48 35 13 0.56 28.8 22 6.8 0.22 60 52 8 89 51 39 12 0.57 12 12 0.44 23.5 21 11 102 68 40 23 5 0.67 25 25 0.42 36.8 38 Taihe 3 473 348 260 88 0.74 64.5 54 10.5 0.6 18.5 87 Fengjiabian 144 111 82 29 0.77 33 25 8 0.54 29.7 43 Hongshu 186 136 107 29 0.73 17.5 15 2.5 0.64 12.9 24 Shubi 143 101 71 30 0.71 14 14 0.61 13.9 20 Xinhe 1 86 98 72 26 1.14 43.2 32.6 10.6 0.64 44.1 38 Citang 86 98 72 26 1.14 43.2 32.6 10.6 0.64 44.1 38 Li’an 2 242 148 110 38 0.61 60.5 45 15.5 0.36 40.9 97 Xiongxing 184 110 82 28 0.6 29.2 20 9.2 0.44 26.5 49 Daxing 58 38 28 10 0.66 31.3 25 6.3 0.12 82.4 48

92 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

5.2.2 Resettlement Population of House Demolition and Relocation According to the on-site investigation, 2 residential communities in Liangshi Town, Shaodong County will be affected by demolition, with the houses to be dismantled totaling 9151 m2. Additionally, 164 persons in 26 households (all are urban residents) have to move and be relocated by building houses. The details about house demolition and reconstruction in the project area are shown in Table 5.2-2.

Statistics of Resettlers under Shaodong County Urban Flood Control Project Table 5.2-2 Resettlers House type Sub-district Village (residential committee) Households Population Urban 1 2 26 164 Liangshi Town 2 26 164 Chengdong Community 12 69 Chengnan Community 14 95 Total 1 2 26 164

5.2.3 Affected Population Due to the Temporary Land Acquisition The area of temporary acquisition lands in this project totals 444mu, including dry land of 111mu shrubbery of 177.6mu and waste meadow of 155.4mu, and actually affect 19 households (47 persons) in 5 villager groups, 5 administrative villages, 1 town. During the period of temporary land occupancy, the affected villagers will get the compensation by years. After construction period, the measures of affected land recovery, planting measures and the temporary pile stock yard for the cultivated soil will be cooperated into the water & soil conservation design. The temporarily acquisitioned land will be reclaimed by use of the reclaimed cost and leveled, then returned to the affected farmers.

5.3 General Scheme for Resettlement The Urban Flood Control Project in Shaodong County of Hunan Province will affect a few of houses and lands of villages (residential committees) along flood dike line, and will not create great unfavorable impact on existing production and livelihood in most affected villages (residential committees). By means of participatory task, the opinions were widely collected in the townships (sub-district) or villages to be affected due to construction of flood dike. Based on their opinions and suggestion, and considering the actual situation in project impact area, the general scheme for resettlement was established as follows: 1) According to the overall urban planning of Shaodong County, no housing plot will be arranged for affected urban residents, and the concentrated resettlement by property right transposition and the cash

93 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

compensation will be adopted for them. 2) Concerning the production, the affected farmer households will be relocated in their original groups, generally by adjusting partial cultivated lands in the villager groups and by development of agricultural production relying on lands. Regarding the agricultural production, such measures as improvement of water resource facilities, adjustment of agricultural planting structure, improvement of farmland utilization, and appropriate economic compensation will be adopted to ensure the recovery or improvement of their production and living standards.

5.4 Environmental Capacity Analysis The environmental capacity of resettlement area is refers to the number of resettlers that an area can support and absorb with normal economic and ecological sustainability. The scope of this investigation on resettlement’s environmental capacity is based on the rehabilitation scheme that is proposed in Resettlement Plan. As majority of the farmland in project areas have been in possession of others, the agricultural population who finally need rehabilitation by land have to share original land resources with residents in the host areas, and are guaranteed to get mutual benefit with local residents. To achieve this objective, a series of measures should be taken to increase agricultural income, such as increase investment on agriculture, improve fertility of field, change variety of crops, transform low-yield fields and change dry farm lands into paddy fields. The analysis on the change of land holding among affected villages and groups (Table 5.3-1) indicates: the current cultivated land per capita in 7 affected villages is 0.65mu, which will be reduced to 0.36mu after land acquisition, decreased by 0.29mu per capita or 44.3%. After land acquisition, 5 groups (in 3 villages) out of 23 affected groups (in 7 villages) have the residual cultivated land per capita of over 0.5mu. They are Xinxing Group in Xinfeng Village, Fengjiabian, Hongshu and Shubi Groups in Taihe Village, and Citang Group in Xinhe Village, among which Hongshu Group (in Taihe Village) and Citang Group (in Xinhe Village) have the most cultivated lands, being 0.64mu per capita. Among these affected groups, a large number of farmlands are in low yield because of low investment, lack of management, poor soil fertility, simple crop, and incomplete irrigation facilities. Therefore by such ameliorative measures as increase of investment, improvement of soil fertility, replanting of improved crops variety, adjustment of farming system, construction of field water resource facilities and enhancement of field management for the low yield farmland, and by increase of irrigation facilities and improvement of soil fertility for changing partial low dryland into paddy field., the potential of cultivated lands can be exploited, the production level and yield per unit area can be improved, and consequently the

94 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

resettlement target value can be reached. However there are 18 groups (in 5 villages) out of 23 groups (in 7 villages) with their residual cultivated land per capita below 0.5mu after land acquisition. Among them, Daxing Group in Li’an Village has the largest proportion of occupied land (82.4%) and the residual cultivated land of 0.12mu/person, as well as the least residual cultivated land. Concerning those agricultural persons who need rehabilitation by farmland, they have to share limited land resources with residents in the affected villages, so the limited land holding makes it hard to guarantee mutual benefit for both resettlers and local residents. Concerning this, other related measures should be carried out to provide economic rehabilitation for those village groups with per capita farmland below 0.5 mu/person after land acquisition, which include providing cash compensation to the affected persons for other economic activities development (such as production structure adjustment and greenhouse vegetable development) or non-agricultural economic activates development (such as development of animal husbandry and livestock breeding), so as to increase their income, as well as eliminate their poverty situation.

5.5 Resettlement Plan 5.5.1 Plan for Livelihood Rehabilitation 5.5.1.1 Choice of Rehabilitation Method In March ~ April 2006, the resettlement design unit carried out the on-site investigation, optimization and demonstration in collaboration with county PMO and the local governments at various levels. According to the practical situations of project-affected area and resettlers’ opinions, the cash compensation and the concentrated resettlement by property rights transposition have been adopted for the resettlers’ relocation in this project. A contract, covering the compensation methods, the compensation fee, the area and site for relocation houses, the time limit of relocation, and the methods and time limit of transfer, should be signed between the resettlers and the project sponsor or the land acquisition implementation agency. Based on their wishes, the resettlers have the rights to choose different resettlement scheme and resettlement locations. 5.5.1.2 Principle and Procedure for Selecting Resettlement Sites 1) Principles The aim of rehabilitation of housing condition is to provide the relocated households with safe, convenient and graceful living environment. The new residential areas should have good terrain and geological conditions and reliable drinking water source.

95 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

The location of new residential areas should be compatible with the economic rehabilitation plan. The location of new residential areas should be convenient for production, living and management. Save land, especially the cultivated land, as much as possible. Take the future population increase into account and leave rooms for further development. The distribution of houses in the residential areas should be based on the terrain conditions and take the lighting, ventilation, sanitation and greening conditions into account. The design of houses should meet the requirements of the relocatees and their financial abilities. 2) Procedure Based on the above principles, after on-site investigation and analyzing the terrain, geological, traffic, power and water source conditions, the location of new residential area is selected after negotiation with representative of resettler and local government, taking the resettler’ living and production conditions into account. 5.5.1.3 Planning of Demolition and Housing A total of 164 persons in 26 households affected by project construction will be relocated by cash compensation and property rights transposition. 1) Cash Compensation Resettlement 26 households (164 urban residents) in 2 communities in Liangshi Town will be affected by the demolition of this project. According to the requirement of Overall Urban Plan of Shaodong County, rebuilding land will not be arranged for house demolition, so the cash compensation and property rights transposition will be combined together for the livelihood rehabilitation of the affected urban residents. According to the investigation of resettlers’ will, 30 persons in 6 households to be demolished in two communities of Liangshi Town, Shaodong County would like to select the cash compensation resettlement for their own houses purchasing. The house of these demolition households will be compensated by cash compensation according to compensation standard, and the house resource information will be provided by local government for the demolition households’ selection. During the implementation period, once the resettlers who like the property rights transposition occurred, the method of property rights transposition will be adopted, the house with the same price of replacement value will be provided by demolition implementation agency for the resettlers’ selection. In recent years, the real estate market in Shaodong County develops rapidly; there are many houses at varied prices for the demolition resettlers’ selections. Most of the resettlers like to buy new houses which are close to the existing residences due to acquaintance of the environment and its convenient location for obtaining the employment and going to school; some resettlers will buy new houses in other districts in Shaodong County due to some human environment factors of moving to the place close with the relatives’ homes or working places, as well as changing the rehabilitation place.

96 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

According to investigation, the commercial housing and affordable housing in Shaodong County are all the multistoried building with brick concrete structure and perfect facilities, and the basic price of commercial housing is RMB 400-800 yuan/m2, the affordable housing is RMB 300-500 yuan/m2, meanwhile there are many second hand houses for selection, which are all the multistoried building with brick concrete structure and perfect facilities, and the basic price is RMB 200-400 yuan/m2. According to the compensation standard of demolition houses and purchasing price comparison, the resettlers can buy new houses which occupy the same area as the former one by use of demolition housing compensation. At the same time, considering that the new house purchasing and living condition improve together, most of the citizens would like to add their own investment for improving living condition and adding living area. The relocated households who have economic problems to add living area and improve living facilities and living conditions will enjoy priority to get the bank loans according to the help of this project. 2) Concentrated Resettlement by Property Rights Transposition: According to the investigation of resettlers’ will, 134 resettlers in 20 urban households in two communities of Liangshi Town, Shaodong County would like to choose property rights transposition, they ask for the resettlement houses that occupy the same area as the former one under the uniform arrangement of the government. According to the principle of “unified planning, unified design, unified distribution, unified management and unified construction” in Urban Planning of Shaodong County, the Project Executive Agency and Implementation Agency of land acquisition and house demolition will cooperate with local government to decide and develop new centered resettlement sites, and build the flat-type residents for the resettlers’ selections. According to the spot-investigation by county PMO and Resettlement Design Unit, and consultation results of local governments at all levels, some relevant units and resettlement representatives, the specific compensation resettlement of property rights transposition of this project are shown in the following: a) The new resettlement site by property rights transposition under this project is initially set at industrial area in Liangshi Town, which are located at the west bank of Shaoshui River and borders Jiefang Road (N) on its east, Jianshe Road on its west, Hengbao Road on its south and Hehua Road on its north. Moreover, the conditions of transportation, geology, terrain, and water resource are all convenient; b) The flat types of new resident are varied: two rooms with a reception room (65 m2), two rooms with two reception rooms (80 m2), three rooms with two reception rooms (95 m2), and four rooms with two reception rooms (120 m2), equipped with kitchen and washroom; c) The standard for new houses is uniform door and window installation, uniform decoration of external

97 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

walls, as well as cement ground, putty inner wall, and sufficient water and power supply; d) If the compensation building area of property rights transposition is the same as the building area of the demolition house, the calculation of price difference won’t be conducted: if the compensation building area is smaller than the former building area, the compensation for short part will be calculated at the price of commercial housing (480 yuan/m2); if the compensation building area is larger than the former building area (the over area is smaller than the 15% of the former building area), the compensation will be calculated at the price of replacement value (345 yuan/m2), and if the compensation building area is larger than the former building area (the over area is larger than the 15% of the former building area), the compensation will be calculated at the price of commercial housing (480 yuan/m2); e) The new houses after property rights transposition could only be sold in the market after the scompletion of commercial housing sales by the developer. More details about demolition and housing in the project area are shown in Table 5.5-1. Scheme for House-Building and Resettlement under Urban Flood Control Project in Shaodong County Table 5.5-1

Resettlement by cash Resettlement by property right Town Total compensation transposition County Village (Sub-district) relocatees Resettlement population Resettlement site population site Shaodong 164 30 134 Liangshi 164 30 134 Chengdong 69 21 Self selection 48 Industrial area community Chengnan 95 9 Self selection 86 Industrial area community

5.5.1.4 Infrastructure and Public Facilities 1) Cash Compensation Resettlement: The residents resettled by cash compensation can only purchase commercial housing or affordable economic housing. The construction of commercial housing or affordable economic housing in Shaodong County shall all be approved by the planning department of Shaodong County beforehand, and be equipped with supporting facilities and public infrastructure facilities, of which the public traffic facility is just one aspect given the preference, the supermarket, store, school, kindergarten shall be built as a necessity. Therefore the residents, who chose the cash resettlement method will not be troubled by daily living inconvenience, and, the residents will certainly inspect the construction

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situations of surrounding and the supporting facilities of residential area by themselves. 2) Concentrated Resettlement by Property Rights Transposition: 20 households with 134 persons are to be resettled in the concentrated resettlement site (industrial area), which is paddy field generally with easy access by the existing roads. a. Leveling the field: The paddy field of 3.6 mu will be leveled and planned to rebuild the houses. b. Electricity power facilities: By making use of the existing electrical lines, reconstruction will be made and one 50kvA transformer will be added after the concentrated resettlement. c. Drainage facilities: Closed drain ditches will be adopted in the resettlement site. The main drain will be laid at both sides of the road and the sewage and rainwater will be drained together. The main drain will have a total length of 0.1 km and the branch drain 0.1 km. d. Water supply facilities: Water will be supplied from Shaodong County Waterworks. As it is proposed to obtain water by connecting adjacent main pipe, so the main water pipeline of 0.2 km long will be built. e. Others: Since the resettlement location is not far away from the existing residential area, there is no need to add other facilities such as school and hospital. The existing social service system is still available to the resettlers when they need to go to school or see a doctor. The Sub-district and Residential Committee will be responsible to construct infrastructures and public facilities in the resettlement site, and the investments will be covered by the compensation for infrastructures. 5.5.1.5 Assistance in Resettlement The land acquisition and resettlement implementation agency will be responsible for assisting resettlers at every aspect during the entire process of the resettlement: 1) Understand and try to satisfy the resettlers’ needs before the resettlement. 2) Help the resettlers dealing with their troubles such as arranging the vehicles and assisting the remove during the process of resettlement. 3) Try to realize the resettlers’ comfort and discomfort and try to solve their difficulties in time after the resettlement. 5.5.2 Economic Rehabilitation Planning for Resettlers 5.5.2.1 Economic Rehabilitation Objective for Resettlers The reconstruction and rehabilitation of production and livelihood is the key standard to judge the feasibility of resettlement. In order to ensure that the livelihood of resettlers will not decrease, the rehabilitation and improvement of resettlers’ current net income per capita as the objective of resettlement planning. In March ~ April 2006, with the assistance of county PMO and government at each level, the

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resettlement design unit investigated the affected farmers on their household properties, income and expenditure conditions, and listed the information household by household. According to the analysis on the income and expenses of agricultural family, in 2005, the annual net income in project area was RMB 3515 yuan. In project area, during 2003~2005, the mean annual growth rate in rural area was 4.6%. The resettlement implantation plan of the project will be launched at the end of 2007, and the net income standard for villager resettlers will be RMB 3846 yuan at the end of 2007. In order to guarantee that the resettlers will reach or exceed their former living standard after relocation, the net income per capita must reach or exceed RMB 3846 yuan. 5.5.2.2 Economic Rehabilitation Strategy According to the agricultural means of production status and local agricultural production level in project area, the input and output level analysis has been conducted for the economic rehabilitation project for resettlers in project area. The economic rehabilitation strategy was established. For those village groups with sufficient land holdings after land acquisition (5 village groups out of 23 with per capita land holding being 0.5 mu or more after land acquisition), land readjustment will be carried out, which will ensure adequate landholding will be available for all affected persons. Following land readjustment, for those village groups with sufficient land holding and market conditions for vegetable greenhouse development, greenhouse vegetable will be developed for economic rehabilitation, which is based on rehabilitation of one person by developing each greenhouse with 0.25 mu of land area. For those village groups with limited landholding and experience in animal husbandry activities, development of animal husbandry activities and the secondary and tertiary industries will become part of economic rehabilitation stragegy. The basic investment standard for providing each person of rehabilitation through animal husbandry and the secondary and tertiary industries will be based on degree of land loss among affected people, averaging about RMB 10,587 per person and RMB 15,000 per person, respectively. 5.5.2.3 Economic Rehabilitation Planning for Resettler In March ~ April 2006, the resettlement design unit and the county PMO, together with the relevant department, conducted the on site survey on the project affected land, water surface, and other natural resources. During the resettlement planning and the project impact investigation, the consultation meeting with the project affected township (subdistrict), village cadre, and some resettler representatives have been held, and the economic rehabilitation schemes for resettlers was discussed. Through the analysis on the geographic position, land resources ownership, income structure of local residents, and based on the extensive consultation with the resettlers, the overall economic rehabilitation scheme was developed as follows: in-group adjust cultivated land of 86.83mu for 148 resettlers; develop greenhouse vegetable of 45.75mu for 183 resettlers; develop livestock breeding for

100 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

123 resettlers; and develop secondary and tertiary industries for 452 resettlers. See Table 5.5-2 for details about economic rehabilitation in groups. 1) Adjust Cultivated Land in Groups According to the survey, the affected persons in 5 villager groups in project area would like to choose the economic rehabilitation by re-allocating the cultivated land in groups. As the land resources in these groups are abundant, so after land acquisition the cultivated land per capita is 0.5~0.64 mu. The affected villagers are accustomed to make a living on the farmland and lack other skills of making a living, therefore they would like to keep their traditional production mode and means of living. In the overall project planning, it is proposed to adjust 86.83mu cultivated land within the groups for 148 resettlers. After adjustment of cultivated land, the cultivated land per person in the groups will be less. In order to keep a synchronous development of resettlers’ living level as other villagers’, it is necessary to develop fully the latent capacity of the remaining cultivated land, to insist the principle which is called that “exchanging quality for quantity”, and to enhance the yield and output value of the remaining cultivated land. In this project, together with the implementation of agricultural structure adjustment item, some agricultural technicians shall be hired to strengthen the agricultural technique training of rural resettlers and to guide them to fulfil the measures of “improving low yield land, changing dry farmland into paddy field”, rightly to enhance the elemental area output value and the cultivated land capacity, so as to fully and well rehabilitate the resettlers in this village with cultivated land adjustment in this villager’s group. 2) Development of Greenhouse Vegetable In project area, 10 villager groups in Meiling, Xinfeng, Xinglong and Li’an Villages have small proportion of cultivated land to be occupied, so no farmer will completely lose their land after land acquisition. In these groups, based on the choices of most relocatees, the affected farmers shall be relocated by giving cash compensation rather than cultivated land adjustment. These persons will use the compensation fee to develop greenhouse vegetable, which can meet the demand of urban residents in Shaodong County, solve the relocatee’s production and increase their income. In the overall project, it is proposed to develop 45.75mu counter season and nuisance-free vegetable greenhouses for resettling 183 persons.

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Planning for Economic Rehabilitation for Rural Relocatees in Shaodong County

Table 5.5-2 Resettlement by agriculture Adjustment of Economic Greenhouse Livestock breeding Secondary and tertiary industries Subproject cultivated land in Town(ship) Village Group rehabilitation vegetable area groups population Area Area Relocatees Relocatees Item Relocatees Item Relocatees (mu) (mu) Shaodong 1 7 23 945 86.83 148 45.75 183 123 452 Liangshi 7 23 945 86.83 148 45.75 183 123 452 Hutang 2 113 25 88 Xiaoshui 38 Individual business 38 Hexing 75 Chicken breeding 25 Individual business 50 Meiling 5 203 14.50 58 30 115 Chenjia 95 9 36 Individual business 59 Guanwu 56 Pig breeding 30 Individual business 26 Laowu 30 Individual business 30 Zhongxin 11 2.75 11 Yuejin 11 2.75 11 Xinfeng 3 98 11.73 23 9.00 36 Miaobian 40 5 20 Individual business 20 Qianjin 35 4 16 Individual business 19 Xinxing 23 11.73 23 xinglong 7 309 17.25 69 48 192 1st 66 6.25 25 Individual business 41 2nd 51 Chicken breeding 18 Individual business 33 4th 46 Chicken breeding 15 Individual business 31 5th 35 3.5 14 Individual business 21 7th 52 Pig breeding 15 Individual business 37

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Planning for Economic Rehabilitation for Rural Relocatees in Shaodong County

Table 5.5-2 Resettlement by agriculture Adjustment of Economic Greenhouse Livestock breeding Secondary and tertiary industries Subproject cultivated land in Town(ship) Village Group rehabilitation vegetable area groups population Area Area Relocatees Relocatees Item Relocatees Item Relocatees (mu) (mu) 8th 21 2.5 10 Individual business 11 11th 38 5 20 Individual business 18 Taihe 3 87 50.78 87 Fengjiabian 43 23.22 43 Hongshu 24 15.36 24 Shubi 20 12.2 20 Xinhe 1 38 24.32 38 Citing 38 24.32 38 Li’an 2 97 5 20 20 57 Xiongxin 49 5 20 Individual business 29 Daxing 48 Pig breeding 20 Individual business 28

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3) Development of Livestock Breeding According to the investigation, animal husbandry activity is one of the pillar supporting industries in the local rural areas, and the villagers are have strong enthusiasm and extensive experience in pig and chicken breeding, and the sales conditions are superior. Considering the higher sale price of poultry meat and wide feed resource in the project region, the resettlers agree to develop animal husbandry activities with current tendency. No farmers in 6 villager groups in Hutang, Meiling, Xinglong and Li’an Villages in the project area will completely lose their land. According to the selections of most resettlers, the compensation fee, rather than farmland adjustment, will be paid directly to the affected farmers in these groups. They planned to built and enlarge 6 small-sized breeding farms in 6 affected villager groups for resettling 123 persons. The pig and chicken breeding will be the main part of the animal husbandry, and the EA will invite some experts to conduct trainings on the animal husbandry, so as to guide the scientific breeding and selection of salable varieties. As the resettlement scheme of the project area is determined in terms of the opinions of most resettlers, maybe individual resettlers will disagree with the resettlement scheme of their village and group, and other modes shall be adopted, the PMO will try best to coordinate and settle the problems. If the resettlers have their own approaches for revenues, namely, they have fixed operation sites in other places, applicable operation skills and production equipment, or relatively steady income resources, as well as they accept cash compensation and they want to find jobs by themselves, after the EA verifies if they completely meet the self-employed conditions, and they sign the resettlement agreement, receive the notarial certificate and go through other procedures during the project implementation process, the resettlement subsidies will be directly paid to the self-employed persons. For the groups and villages need cash compensation, if individual resettlers want to undertake agricultural production, the EA will help them obtain land, and continue agricultural production. 4) Secondary and Tertiary Industries Reputed as “a hometown of all sorts of workmen” and “a city of commerce” throughout China, Shaodong County focus on implementation of the strategy of “flourishing industry strengthens the county”, insists in the development road of “building the county by developing industry with the nongovernmental business as the main body”, and consequently the pattern for economic development, namely combination of commercial city, industrial town and special villages, was formed in the county. The county witnesses the flourishing market and active commerce, the market system becomes mature gradually, and various markets are distributed throughout the county seat and townships. Currently, there are various professional markets in the county, including 100 comprehensive markets and markets of agricultural products and byproducts. With the floor space of 1800mu and the building area

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of about 1,000,000 square meters, the markets hold over 15,000 shops and 20,000 booths. In project area, 16 villagers groups in Hutang, Meiling, Xinfeng, Xinglong and Li’an Villages will suffer large proportion of land acquisition, whose residual cultivated land is only 0.1~0.44mu. In these groups, based on the selection of most resettlers, the affected farmers shall be relocated by directl cash compensation rather than cultivated land adjustment in groups. These persons will use the compensation fee to develop secondary and tertiary industries. Under the project, it is proposed to develop individual business in Shaodong Industrial Products Market, Central South Hardware Market, “Medicine products Capital in South China” and other markets, so as to resettle 452 persons. The small commodities, hardware and medicinal materials will be the main transacations, and the EA will invite some experts to conduct trainings on the commerce, so as to guide the scientific management and select the salable varieties with great potential and little risk. 5.5.2.4 Investment of Economic Rehabilitation 1) Farmland Readjustment Under the project, the land readjustment should be paid according to the unit compensation prices (RMB 22517 yuan/mu for paddy field). It is proposed to adjust 86.83mu cultivated land, so the land adjustment fee of RMB 1.9558 million yuan will be needed in total. 2) Development of Greenhouse Vegetable After land readjustment, due to reduction of farmland per capita, the compensation funds for land should be used and the measures for production development, such as improving cultivated structure and strengthening the management in fields, shall be adopted to recuperate the loss from losing part of cultivated land. According to the analysis of unit price for project development, 4 greenhouses can be developed on the land of one mu based on 0.25mu for each greenhouse. According to the construction cost of RMB 6652 yuan for each greenhouse, the cost of RMB 26608 yuan will be invested to change each mu of paddy field into greenhouse vegetable field. (Table 5.5-3 shows the information in detail).

Analysis on Unit Price of Investment in Changing Paddy Filed to Greenhouse Vegetable

Table 5.5-3 Unit Price Sum Item Unit Qty. Remarks (yuan) (yuan) 1.project investment 4715 1.1. big shed Piece 4515 1 4515 1.2. labor force Work-day 20 10 200 Including site clearance and shed erection 2. Matching facility 125 2.1. Hydro facility Yuan 125 3. Operation cost 1193 3.1 seeds Yuan 720 3.2 Farm fertilizer T 140 2 280

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Analysis on Unit Price of Investment in Changing Paddy Filed to Greenhouse Vegetable

Table 5.5-3 Unit Price Sum Item Unit Qty. Remarks (yuan) (yuan) 3.3 Chemical kg 1.24 55 68 fertilizer 3.4 Medicines kg 125 4. Technical service fee 302 5% of total of Items 1~3 5. Contingency fee 317 5% of total of Items 1~4 6. total 6652

A total of 45.75 mu greenhouse vegetable fields will be developed in project area, which will cost about RMB 1.2173 million yuan. 3) Development of Animal Husbandry For the affected farmers, the cash compensation measures will be selected for the animal husbandry resettlement mode; the affected farmers can undertake the animal husbandry and other activities with these compensation fees. According to the land losses of the affected farmers who will be resettled by cash compensation, the total investment will be RMB 1.3022 million yuan. 4) Secondary and Tertiary Industries The cash compensation will be directly given to the affected farmers to be resettled by proposed mode of livestock breeding. The affected farmers can use the compensation fee to undertake income-creating activities. According to the land losses of the affected farmers who will be resettled by cash compensation, a total of RMB 6.78 million yuan will be invested. Based on the above analysis and calculation, a total of RMB 11.2553 million yuan is needed for economic rehabilitation in project area. Detailed information is shown in Table 5.5-4. Estimate of Investment for Economic Rehabilitation Table 5.5-4 Item Unit Unit price (yuan) Qty. Investment (10000 yuan) Resettlers Total 1125.53 945 1. Paddy field adjustment 195.58 148 1.1. In-group adjustment Mu 22517 86.83 195.58 2. Development of greenhouse Mu 26608 45.75 121.73 vegetable 183 3. Development of animal husbandry Person 10587 123 130.22 123 4. Development of secondary and Person 15000 452 678 tertiary industries 452

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5.5.2.5 Balance between Land Compensation Fee and Economic Rehabilitation Investment According to the relative resettlement articles: “ The land compensation and resettlement subsidies, is used by the institutions with land acquired, for production rehabilitation and development, and arranging the employment for the surplus labor forces caused by the land acquisition, livelihood subsidies for people incapable for work. It can also be contracted to the county (city) and be unitedly allocated by the county (city) for land development, production and livelihood resettlement for resettlers. But these special funds must be used for the specific purpose. The funds shall not be privately shared or used for other purposes.” In case that the land compensation and resettlement subsidies can not meet the requirements of production and resettlement, the resettlement subsidies can be increased according to the situation. Therefore, the land compensation fee and resettlement subsidies, as the only fund resource of the resettlers’ production and resettlement, must be equal to or a little more than the total investment of economic rehabilitation. According to the economic rehabilitation plan, the population requiring economic rehabilitation under this project is 945. The investment for production development project is RMB 10.7951 million yuan in total (See Table 5.5-4 for details). The compensation fee for permanent land acquisition in the project area is RMB 19.1958 million yuan in total, RMB 3.9699 million yuan more than the required investment for economic rehabilitation of agricultural population and a little more than required investment for the economic rehabilitation. This indicates that the land compensation standard is considerably suitable, and can meet the fund requirement of economic rehabilitation. The fund margins can be unitedly used for continuous development by each village group, such as launching village-owned enterprises, land resources development and used as fund investment for other projects as improving low-yield farmland and converting dry farmland to paddy fields, etc., to ensure that the livelihood level of the resettlers reaches or exceeds their previous standard. 5.5.2.6 Forecast of Economic Income Level Resettlement production development means to combine resettlement with project construction, resource exploitation, soil and water conservation and economic development and make resettlement production reach or exceed intrinsic living condition step by step. Planning scheme of production development is brought out on the basis of natural and social economic characters of project region and collecting opinions of resettlement. Analysis of output profits of its developing items is as followings. 1) Greenhouse vegetables: The production cost of normal year of each green house vegetable is 1193 yuan per year (including operation cost and technical service charge) and each green house can yield 4000 kg counter season vegetables. Each green house can add profit of RMB 4063.87 yuan annually, which is beyond the per capita net income of RMB 3846 yuan in project region if the profit of vegetable per kg is calculated as RMB 1.4 yuan and the cost and alternative land profit are

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deducted (the alternative land profit is RMB 343.13 yuan if the annual output value of paddy field is RMB 1372.5 yuan per mu and each greenhouse occupies 0.25 mu). 2) Animal husbandry: According to the investigation, RMB 550 yuan (including various costs) will be needed for each pig, and the net output value will be RMB 250 yuan. Based on 16 pigs raised by each person annually, the income can reach RMB 4000 yuan. Additionally, RMB 7 yuan (including various costs) will be needed for each chicken, and the net output value will be RMB 19 yuan. Based on 220 chickens raised by each person annually, the income can reach RMB 4180 yuan. The above incomes exceed the annual net income per capita of RMB 3846 yuan. For details about analysis on input and output for animal husbandry, please see Table 5.5-5.

Analysis on Input and Output for Livestock Breeding Table 5.5-5 Item Pig breeding Chicken breeding Notes Qty. (capita) 16 220 Unit output value (yuan) 800 26 Output value (yuan) Subtotal 12800 5720 Unit cost (yuan) 550 7 Cost (yuan) Subtotal 8800 1540 Unit profit (yuan) 250 19 Profit (yuan) Subtotal 4000 4180

5.5.2.7 Rehabilitation Measures for Resettlers’ Economic Income The project implementation agency will offer help and support to the resettlers as much as possible during the whole course of resettler livelihood recovery in this project. They include 1) Distribute resettlement subsidy and help resettlers to become self-employed. Any labor output project in the municipal area will give priority to the affected persons. 2) Strengthen the training of production skills for resettlers and invite experienced specialists to train the resettlers to develop cultivation industry and animal husbandry industry. 3) Give first priority to the resettlers when hire labour for the project construction. According to the design of project construction organization, the project construction will totally take up 0.1638 million working days with labor force, and will afford some employment chances including land levelling and landscape works. Though some project tasks will be temporary, the income of these employees, according to income survey of the same work type in Shaodong County, will be RMB 800~1200 Yuan/month. So the local resettlers will be given short-term incomes which will be useful to enhancing living level of affected people and restoring their income and livelihoods. 5.5.3 Resettlement Villages Planning The resettlement planning is different from village to village because of the different impact caused by

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project construction and difference in land requisition, resources structure, and infrastructural facilities conditions. The resettlement planning of each affected village (excluding the impact of temporary land occupation) are elaborated as follows: 5.5.3.1 Hutang Village of Liangshi Town 1) Current State Hutang Village is an administrative village subordinated to Liangshi Town of Shaodong County located in the right bank of Shaoshui River, west of the county, and with 1km away from the county. The village borders on Wenhua Community of Liangshi Town in the east, Shaitian Village of Liangshi Town in the west, Gaotian Village of Liangshi Town in the south, and Xinhui Community of Liangshi Town in the north. Because the county grade highway passes through the village and there are village-grade highways between all villages, the communication is very convenient. Electric power is supplied to every household; well water is the main water use source. The diffusion rate of telephone is 80%. The whole village, with the total land area being 1,827 mu, is composed of 13 villager’s groups and has 508 households with 2,166 persons, among which 640 are agricultural population. The net income of per capita was RMB 3,350 yuan in 2005. The village has 2 village-run enterprises (steel ball factory and paper sack factory) running at good level. 80 households with the proportion of 16% in the village engage in the second and third industries such as catering, clothing, goods, construction materials, repairing, etc. The proportion of labor force in the village is 60%, among which 220 persons are working outside mainly in the Guangdong, Jiangshu, etc., engaging in the industries such as business, handcraft, etc. The agriculture in Hutang Village focuses on planting two-crop paddy. The total cultivated land in the village is 434 mu, among which 285 mu of paddy field and 150 mu of dry farmland. The current per capita cultivated land is 0.68 mu. 2) Impact by Land Requisition and Demolition The land acquisition and demolition of the project will affect 63 households with 227 persons, of which, house demolition is not included in; the cultivated land acquisition covers 3 village’s groups, of which 2 require rehabilitation. The cultivated land acquisition is 49.3 mu in total, among which 38.7 mu of paddy field and 10.6 mu of dry farmland. The cultivated land per capita after land requisition is 0.57 mu, 0.11 mu less than that before the land requisition (0.68 mu/person), with the decreasing proportion being 15.39%. Therefore, the relatively large decrease proportion of per capita cultivated land will have large effect on the livelihood and production to local farmers. For the details of the cultivated land acquisition in Hutang Village, see Table 5.5-6.

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Cultivated Land of Each Villager’s Group in Hutang Village Table 5.5-6 Per capita Occupied cultivated land area Per capita Cultivated land area (mu) cultivated (mu) cultivated Reducing proportion of Agricultural Villager’s land before land after per capita cultivated land population group Paddy Dry land Paddy Dry land before and after land (person) Total Total field farmland acquisition field farmland acquisition acquisition (%) (mu/person) (mu/person) Xiaoshui 49 38 29 9 0.78 29.6 22.4 7.2 0.17 77.89 Hexing 95 25 16 9 0.26 19.7 16.3 3.4 0.06 78.80 Wanli 36 25 11 17.5 12.8 4.7 48.61 Subtotal 144 99 70 29 0.69 66.8 51.5 15.3 0.23 66.7 Total in village 640 434 285 150 0.68 66.8 51.5 15.3 0.57 15.39

3) Rehabilitation Measures Based on the extensive consultation with resettlers and the actual condition of the village, through discussion, the two committees of the village made a decision that the resettlers of the village would be resettled in accordance with the following measures: —— Rehabilitation Measures: In the Xiaoshui and Hexing groups of Hutang Village, the surplus cultivated land after land acquisition is relatively insufficient, and the land acquisition will have great affect on the livelihood and production to the local farmers, therefore, cash compensation will be adopted, namely, the resettlement subsidy and over 75% of land compensation will be fully allocated to every household according to the relevant state policies, and cultivated land readjustment will not be carried out within the groups. Considering about the high sale price of poultry meat and wide feed resource in the project region, 25 affected persons in Hexing group agree to take livestock breeding as their economic rehabilitation measures. According to the villagers’ discussion, a chicken farm will be developed in Hexing group, adopting stock-holding system. The affected households can subscribe for the shares with land acquisition compensation for themselves, which can partly increase the employment as well as share annual dividends. The affected households hope the livestock breeding can be supported by holding the technical training and guidance class by the committee of the village. Considering that the developed market economy in Shaodong County brings extensive market prospect and that a great number of persons in the villager‘s group have engaged in private business, who have abundant market experience and are gradually casting off the dependence to land and getting richer, 88 affected persons in Xiaoshui and Hexing groups agree with cash compensation measures, and will utilize the land compensation fee as their capital for private business. 5.5.3.2 Meiling Village of Liangshi Town 1) Current State

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Meiling Village is an administrative village subordinated to Liangshi Town of Shaodong County located in both banks of Datian River, east of the county, and with 0.6km away from the county. The village borders on Xinfeng Community of Liangshi Town in the east, Datian Village of Liangshi Town in the west, Datian Village of Liangshi Town in the south, and Li’an Village of Liangshi Town in the north. Because the S315 provincial highway passes through the village and there are village-grade highways between all villages, the communication is very convenient. Electric power is supplied to every household. Water use depends on well water and tap water. The diffusion rate of telephone is 80%. The whole village, with the total land area being 2,860 mu, is composed of 15 villager’s groups and has 271 households with 1,094 persons, which 640 are all agricultural population. The net income of per capita was RMB 2,910 yuan in 2005. The village has 2 village-run enterprises (which are all food processing enterprises) running at good level. 92 households with the proportion of 34% in the village engage in the second and third industries such as catering, clothing, goods, construction materials, repairing, etc. The proportion of labor force in the village is 58%, among which 240 persons are working outside mainly in the Guangdong, Zhejiang, Shanghai, etc., engaging in the industries such as business, construction, etc. The agriculture in Meiling Village focuses on planting two-crop paddy. The total cultivated land in the village is 473.1 mu, among which 328 mu of paddy field, 145.1 mu of dry farmland, and 29 mu of commercial vegetable land. The current per capita cultivated land is 0.46 mu. 2) Impact by Land Requisition and Demolition The land acquisition and demolition of the project will affect 137 households with 426 persons, of which, house demolition is not included in. The cultivated land acquisition is 117.3 mu of in total, among which 67 mu of paddy field, 28.5 mu of dry farmland, and 21.8 mu of commercial vegetable land, covering 5 villager’s groups. The cultivated land per capita after land requisition is 0.35 mu, with the decreasing proportion being 23.36%. The decrease proportion of cultivated land in all villager’s groups is relatively large. Therefore, the project will have a large effect on the livelihood and production to local farmers. For the details of the cultivated land acquisition in Meiling Village, see Table 5.5-7.

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Cultivated Land of Each Villager’s Group in Meiling Village Table 5.5-7 Reducing Cultivated land area (mu) Per capita Occupied cultivated land area (mu) Per capita proportion of cultivated cultivated Agricultural per capita Villager’s land before land after population Commercial Commercial cultivated land group Paddy Dry land Paddy Dry land (person) Total vegetable Total vegetable before and after field farmland acquisition field farmland acquisition land land land acquisition (mu/person) (mu/person) (%) Chenjia 110 69 38 18 13 0.63 59.3 32.5 14.7 12.1 0.09 85.94 Guanwu 82 45 26 12 7 0.55 30.8 15.5 8.6 6.7 0.17 68.44 Laowu 68 39.6 23 7.6 9 0.58 17.2 9 5.2 3 0.33 43.43 Yuejin 56 25 18 7 0.45 5 5 0.36 20.00 Zhongxin 72 34 28 6 0.47 5 5 0.40 14.71 Subtotal 388 212.6 133 50.6 29 0.55 117.3 67 28.5 31.8 0.25 54.5 Total in 1094 502.1 328 145.1 29 0.46 117.3 67 28.5 31.8 0.35 23.36 village

3) Rehabilitation Measures Based on the extensive consultation with resettlers and the actual condition of the village, through discussion, the two committees of the village made a decision that the resettlers of the village would be resettled in accordance with the following measures: —— Rehabilitation Measures: In the Chenjia, Zhongxin and Yuejin groups of Meiling Village, the land acquisition will have small affect on the production to the local farmers, therefore, cash compensation will be adopted, namely, the resettlement subsidy and over 75% of land compensation will be fully allocated to every household according to the relevant state policies, and cultivated land readjustment will not be carried out within the groups. Most of the affected farmers have high positivity in planting vegetables, they plan to utilize the compensation funds to improve the agricultural structure, and meliorate 14.5 mu of low-yield paddy field and develop 58 green house vegetable lands by themselves based on the plant production plan of Shaodong County. The affected households hope the green house vegetable plantation can be supported by holding the technical training and guidance class by the committee of the village. In the Guanwu group of Meiling Village, the surplus cultivated land after land acquisition is relatively insufficient, and the land acquisition will have large affect on the production to the local farmers, therefore, cash compensation will be adopted, namely, the resettlement subsidy and over 75% of land compensation will be fully allocated to every household according to the relevant state policies, and cultivated land readjustment will not be carried out within the groups. Considering about the high sale price of poultry meat and wide feed resource in the project region, 30 affected persons in Guanjia group agree to take livestock breeding as their rehabilitation measures. According to the villagers’ discussion, a pig farm will be developed in Guanwu group, adopting stock-holding system.

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The affected households can subscribe for the shares with land acquisition compensation for themselves, which can partly increase the employment as well as share annual dividends. The affected households hope the livestock breeding can be supported by holding the technical training and guidance class by the committee of the village. Considering that the developed market economy in Shaodong County brings extensive market prospect and that a great number of persons in the villager‘s group have engaged in private business, who have abundant market experience and are gradually casting off the dependence to land and getting richer, 115 affected persons in Chenguan, Guanwu and Laowu groups agree with cash compensation measures, and will utilize the land compensation fee as their capital for private business. 5.5.3.3 Chengdong Community of Liangshi Town 1) Current State Chengdong Community is a community subordinated to Liangshi Town of Shaodong County located in both banks of Tongjiang River, and southeast of the county. The community borders on Xinhe Village of Liangshitang Town in the east, Xinfu Village of Liangshitang Town in the west, Chengnan Community of Liangshitang Town in the south, and Xinhe Community of Liangshitang Town in the north. Because the S315 provincial highway passes through the village and there are village-grade highways between all villages, the communication is very convenient. Electric power is supplied to every household. Water use mainly depends on tap water, and some households use well water. The diffusion rate of telephone is 99%. The whole community, with the total land area being 1,827 mu, is composed of 10 villager’s groups and has 328 households with 1,378 persons, which are all non-agricultural population. The net income of per capita was RMB 3,680 yuan in 2005. 2) Impact by Land Requisition and Demolition The land acquisition and demolition of the project will affect 12 households with 69 persons, which are all urban residents, who need no rehabilitation. 3) Rehabilitation Measures Based on the extensive consultation with resettlers and the actual condition of the village, through discussion, the committee of the community made a decision that the resettlers of the community would be resettled in accordance with the following measures: —— Relocation and Reconstruction Planning: According to the investigation of resettlers’ will, 4 households with 21 persons in this community would like to select the cash compensation resettlement. The project will compensate their loss of properties according relevant policies, and the house resource information will be provided by local government for the demolition households’ selection. The rest 8 households with 48 persons will be compensated by property rights transposition and concentrated resettlement in accordance with urban planning principle of Shaodong County. By the field survey and

113 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

investigation of County PMO and Resettlement Design Unit, as well as joint consultation with local governments at all levels, relevant units, and resettlers’ representatives, it is preliminarily decided that the Industry Area will be the new resettlement site of exchange of property rights. The resettlement site is about 0.5km~1km away from Chengdong Community, with good conditions of communication, geology, landform, power, and water resources. In the resettlement process, the project implementation agency will provide subsidy, and the residential committee will provide necessary assistance in the process of resettlement. 5.5.3.4 Chengnan Community of Liangshi Town 1) Current State Chengnan Community is a community subordinated to Liangshi Town of Shaodong County located in both banks of Tongjiang River, and south of the county. The community borders on Chengdong Village of Liangshitang Town in the east, Wenhua Community of Liangshitang Town in the west,Yunshan Village of Liangshitang Town in the south, and Chengqu Villageof Liangshitang Town in the north. Because the S315 provincial highway passes through the village and there are village-grade highways between all villages, the communication is very convenient. Electric power is supplied to every household. Water use mainly depends on tap water. The diffusion rate of telephone is 98%. The whole community, with the total land area being 1,820 mu, is composed of 9 villager’s groups and has 246 households with 1,033 persons, which are all non-agricultural population. The net income of per capita was RMB 3,350 yuan in 2005. 2) Impact by Land Requisition and Demolition The land acquisition and demolition of the project will affect 14 households with 95 persons, which are all urban residents, who need no rehabilitation. 3) Rehabilitation Measures Based on the extensive consultation with resettlers and the actual condition of the village, through discussion, the committee of the community made a decision that the resettlers of the community would be resettled in accordance with the following measures: —— Relocation and Reconstruction Planning: According to the investigation of resettlers’ will, 2 households with 9 persons in this community would like to select the cash compensation resettlement. The project will compensate their loss of properties according relevant policies, and the house resource information will be provided by local government for the demolition households’ selection. The rest 12 households with 86 persons will be compensated by property rights transposition and concentrated resettlement in accordance with urban planning principle of Shaodong County. By the field survey and investigation of County PMO and Resettlement Design Unit, as well as joint consultation with local governments at all levels, relevant units, and resettlers’ representatives, it is preliminarily decided that

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the Industry Area will be the new resettlement site of property rights transposition. The resettlement site is about 0.5km~1km away from Chengnan Community, with good conditions of communication, geology, landform, power, and water resources. In the resettlement process, the project implementation agency will provide subsidy, and the residential committee will provide necessary assistance in the process of resettlement. 5.5.3.5 Xinglong Village of Liangshi Town 1) Current State Xinglong Village is an administrative village subordinated to Liangshi Town of Shaodong County located in the left bank of Shaoshui River, east of the county, and with 1.5km away from the county. The village borders on Qingjia Village of Liangshitang Town in the east, Chengxi Village of Liangshitang Town in the west, Zhenshanmiao Village of Liangshitang Town in the south, and Taihe Village of Liangshitang Town in the north. There are village-grade highways between all villages, the communication is very convenient. Electric power is supplied to every household; well water is the main water use source. The diffusion rate of telephone is 86%. The whole village, with the total land area being 2,442 mu, is composed of 17 villager’s groups and has 320 households with 1,465 persons, which are all agricultural population. The net income of per capita was RMB 3,800 yuan in 2005. The village has 2 village-run enterprises (which are both small-scale processing enterprises) running at normal level. 150 households with the proportion of 40% in the village engage in the second and third industries such as catering, clothing, goods, construction materials, repairing, etc. The proportion of labor force in the village is 47%, among which 150 persons are working outside mainly in the Yunnan, Zhejiang, etc., engaging in the industries such as business, construction, etc. The agriculture in Xinglong Village focuses on planting two-crop paddy. The total cultivated land in the village is 798 mu, among which 584 mu of paddy field, 179.8 mu of dry farmland, and 34.2 mu of commercial vegetable land. The current per capita cultivated land is 0.54 mu. 2) Impact by Land Requisition and Demolition The land acquisition and demolition of the project will affect 209 households with 630 persons, of which, house demolition is not included in; The cultivated land acquisition is 175.8 mu in total, among which 140 mu of paddy field, 23.2 mu of dry farmland and 12.6 mu of commercial vegetable land, covering 7 villager’s groups. The cultivated land per capita after land requisition is 0.42 mu, with the decreasing proportion being 22.03%. The decrease proportion of cultivated land in all villager’s groups is relatively large. Therefore, the project will have a large effect on the livelihood and production to local farmers. For the details of the cultivated land acquisition in Xinglong Village, see Table 5.5-8.

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Cultivated Land of Each Villager’s Group in Xinglong Village Table 5.5-8 Cultivated land area (mu) Occupied cultivated land area (mu) Reducing Per capita Per capita proportion of cultivated cultivated Agricultural per capita Villager’s Commercial land before Commercial land after population Paddy Dry Dry cultivated land group Total vegetable land Total Paddy field vegetable land (person) field farmland farmland before and land acquisition land acquisition after land (mu/person) (mu/person) acquisition (%) 1 109 62 45 12 5 0.57 37.4 30 7.4 0.23 60.32 2 72 38 30 2.8 5.2 0.53 27 19 2.8 5.2 0.15 71.05 4 65 39 26 8 5 0.60 27.8 17 6.2 4.6 0.17 71.28 5 70 36 30 3 3 0.51 17.8 15 2.8 0.26 49.44 7 86 48 35 13 0.56 28.8 22 6.8 0.22 60.00 8 89 51 39 12 0.57 12 12 0.44 23.53 11 102 68 40 23 5 0.67 25 25 0.42 36.76 Subtotal 593 342 245 73.8 23.2 0.58 175.8 140 23.2 12.6 0.28 51.72 Total in village 1465 798 584 179.8 34.2 0.54 175.8 140 23.2 12.6 0.42 22.03

3) Rehabilitation Measures Based on the extensive consultation with resettlers and the actual condition of the village, through discussion, the two committees of the village made a decision that the resettlers of the village would be resettled in accordance with the following measures: —— Rehabilitation Measures: In the 1st, 5th, 8th and 11th groups of Xinglong Village, the land acquisition will have small affect on the production to the local farmers, therefore, cash compensation will be adopted, namely, the resettlement subsidy and over 75% of land compensation will be fully allocated to every household according to the relevant state policies, and cultivated land readjustment will not be carried out within the groups. Most of the affected farmers have high positivity in planting vegetables, they plan to utilize the compensation funds to improve the agricultural structure, and meliorate 17.25 mu of low-yield paddy field and develop 69 green house vegetable lands by themselves based on the plant production plan of Shaodong County. The affected households hope the green house vegetable plantation can be supported by holding the technical training and guidance class by the committee of the village. In the 2nd, 4th and 7th groups of Xinglong Village, the surplus cultivated land after land acquisition is relatively insufficient, and the land acquisition will have large affect on the production to the local farmers, therefore, cash compensation will be adopted, namely, the resettlement subsidy and over 75% of land compensation will be fully allocated to every household according to the relevant state policies, and cultivated land readjustment will not be carried out within the groups. Considering about the high sale price of poultry meat and wide feed resource in the project region, 48 affected persons in Guanjia group agree to take livestock breeding as their rehabilitation measures. According to the villagers’ discussion, three pig farms will be respectively developed in the 2nd, 4th and

116 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

7th groups, adopting stock-holding system. The affected households can subscribe for the shares with land acquisition compensation for themselves, which can partly increase the employment as well as share annual dividends. The affected households hope the livestock breeding can be supported by holding the technical training and guidance class by the committee of the village. Considering that the developed market economy in Shaodong County brings extensive market prospect and that a great number of persons in the villager‘s group have engaged in private business, who have abundant market experience and are gradually casting off the dependence to land and getting richer, 192 affected persons in the 1st, 2nd, 4th, 5th, 7th, 8th and 11th groups agree with cash compensation measures, and will utilize the land compensation fee as their capital for private business. 5.5.3.6 Li’an Village of Liangshi Town 1) Current State Li’an Village is an administrative village subordinated to Liangshi Town of Shaodong County located in both banks of Datian River, east of the county, and with 1km away from the county. The village borders on Lijiang Village of Liangshitang Town in the east, Xinhe Village of Liangshitang Town in the west, Meiling Village of Liangshitang Town in the south, and Jinquan Village of Liangshitang Town in the north. Because the S315 provincial highway passes through the village and there are village-grade highways between all villages, the communication is very convenient. Electric power is supplied to every household; well water is the main water use source. The diffusion rate of telephone is 100%. The whole village, with the total land area being 2,417 mu, is composed of 17 villager’s groups and has 333 households with 1,356 persons, which are all non-agricultural population. The net income of per capita was RMB 3,810 yuan in 2005. The village has 3 village-run enterprises (steel ball factory, clothing processing factory, etc.) running at good level. 80 households with the proportion of 24% in the village engage in the second and third industries such as catering, clothing, goods, construction materials, repairing, etc. The proportion of labor force in the village is 75%, among which 180 persons are working outside mainly in the Guangdong, Zhejiang, etc., engaging in the industries such as business, service, etc. The agriculture in Li’an Village focuses on planting two-crop paddy. The total cultivated land in the village is 793 mu, among which 573 mu of paddy field and 220 mu of dry farmland. The current per capita cultivated land is 0.58 mu. 2) Impact by Land Requisition and Demolition The land acquisition and demolition of the project will affect 75 households with 195 persons, of which, house demolition is not included in. The cultivated land acquisition is 60.5 mu in total, among which 45 mu of paddy field and 15.5 mu of dry farmland, covering 2 villager’s groups. The cultivated land per capita after land requisition is 0.54 mu, with the decreasing proportion being 7.63%. The decrease

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proportion of cultivated land in all villager’s groups is relatively large. Therefore, the project will have a large effect on the livelihood and production to local farmers. For the details of the cultivated land acquisition in Xinglong Village, see Table 5.5-9. 3) Rehabilitation Measures

Cultivated Land of Each Villager’s Group in Li’an Village

Table 5.5-9

Occupied cultivated land area Reducing Cultivated land area (mu) Per capita Per capita (mu) proportion of per Agricultural cultivated land cultivated land Villager’s capita cultivated population before land after land group Paddy Dry Paddy Dry land before and (person) Total acquisition Total acquisition field farmland field farmland after land (mu/person) (mu/person) acquisition (%) Xiongxing 184 110 82 28 0.60 29.2 20 9.2 0.44 26.55 Daxing 58 38 28 10 0.66 31.3 25 6.3 0.12 82.37 Subtotal 242 148 110 38 0.61 60.5 45 15.5 0.36 40.98 Total in village 1356 793 573 220 0.58 60.5 45 15.5 0.54 7.63

Based on the extensive consultation with resettlers and the actual condition of the village, through discussion, the committee of the village made a decision that the resettlers of the village would be resettled in accordance with the following measures: —— Rehabilitation Measures: In Xiongxing group of Li’an Village, the land acquisition will have small affect on the production to the local farmers, therefore, cash compensation will be adopted, namely, the resettlement subsidy and over 75% of land compensation will be fully allocated to every household according to the relevant state policies, and cultivated land readjustment will not be carried out within the groups. Most of the affected farmers have high positivity in planting vegetables, they plan to utilize the compensation funds to improve the agricultural structure, and meliorate 5 mu of low-yield paddy field and develop 20 green house vegetable lands by themselves based on the plant production plan of Shaodong County. The affected households hope the green house vegetable plantation can be supported by holding the technical training and guidance class by the committee of the village. In Daxing group of Li’an Village, the surplus cultivated land after land acquisition is relatively insufficient, and the land acquisition will have large affect on the production to the local farmers, therefore, cash compensation will be adopted, namely, the resettlement subsidy and over 75% of land compensation will be fully allocated to every household according to the relevant state policies, and cultivated land readjustment will not be carried out within the groups. Considering about the high sale price of poultry meat and wide feed resource in the project region, 20 affected persons in Daxing group agree to take livestock breeding as their rehabilitation measures. According to the villagers’ discussion, a pig farm will be developed in Daxing group, adopting stock-holding system. The affected households can subscribe

118 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

for the shares with land acquisition compensation for themselves, which can partly increase the employment as well as share annual dividends. The affected households hope the livestock breeding can be supported by holding the technical training and guidance class by the committee of the village. Considering that the developed market economy in Shaodong County brings extensive market prospect and that a great number of persons in the villager’s group have engaged in private business, who have abundant market experience and are gradually casting off the dependence to land and getting richer, 57 affected persons in Xiongxing and Daxing groups agree with cash compensation measures, and will utilize the land compensation fee as their capital for private business. 5.5.3.7 Xinfeng Village of Liangshi Town 1) Current State Xinfeng Village is an administrative village subordinated to Liangshi Town of Shaodong County located in both banks of Datian River, east of the county, and with 1km away from the county. Because there are village-grade highways between all villages, the communication is very convenient. Electric power is supplied to every household; well water is the main water use source. The diffusion rate of telephone is 98%. The whole village, with the total land area being 2,417 mu, is composed of 16 villager’s groups and has 312 households with 1,298 persons, which are all non-agricultural population. The net income of per capita was RMB 3,810 yuan in 2005. The village has 3 village-run enterprises (steel ball factory, clothing processing factory, etc.) running at good level. 75 households with the proportion of 24% in the village engage in the second and third industries such as catering, clothing, goods, construction materials, repairing, etc. The proportion of labor force in the village is 75%, among which 170 persons are working outside mainly in the Guangdong, Zhejiang, etc., engaging in the industries such as business, service, etc. The agriculture in Xinfeng Village focuses on planting two-crop paddy. The total cultivated land in the village is 1116 mu, among which 686 mu of paddy field and 430 mu of dry farmland. The current per capita cultivated land is 0.86 mu. 2) Impact by Land Requisition and Demolition The land acquisition and demolition of the project will affect 52 households with 158 persons, of which, house demolition is not included in. The cultivated land acquisition is 89.4 mu in total, among which 74 mu of paddy field and 15.4 mu of dry farmland, covering 3 villager’s groups. The cultivated land per capita after land requisition is 0.34 mu, with the decreasing proportion being 62.5%. The decrease proportion of cultivated land in all villager’s groups is relatively large. Therefore, the project will have a large effect on the livelihood and production to local farmers. For the details of the cultivated land acquisition in Xinglong Village, see Table 5.5-10. 3) Rehabilitation Measures

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Cultivated Land of Each Villager’s Group in Xinfeng Village

Table 5.5-10

Occupied cultivated land area Reducing Cultivated land area (mu) Per capita Per capita (mu) proportion of per Agricultural cultivated land cultivated land Villager’s capita cultivated population before land after land group Paddy Dry Paddy Dry land before and (person) Total acquisition Total acquisition field farmland field farmland after land (mu/person) (mu/person) acquisition (%) Miaobian 68 45 26 19 0.66 26.4 18.4 8 0.27 58.7 Qianjin 54 49 37 12 0.91 32.2 26.2 6 0.31 65.7 Xinxing 36 49 36 13 1.36 30.8 29.4 1.4 0.51 62.9 Subtotal 158 143 99 44 0.91 89.4 74 15.4 0.34 62.5 Total in village 1298 1116 686 430 0.86 89.4 74 15.4 0.79 8.14

Based on the extensive consultation with resettlers and the actual condition of the village, through discussion, the committee of the village made a decision that the resettlers of the village would be resettled in accordance with the following measures: —— Rehabilitation Measures: In Miaobian group of Xinfeng Village, the land acquisition will have small affect on the production to the local farmers, therefore, cash compensation will be adopted, namely, the resettlement subsidy and over 75% of land compensation will be fully allocated to every household according to the relevant state policies, and cultivated land readjustment will not be carried out within the groups. Most of the affected farmers have high positivity in planting vegetables, they plan to utilize the compensation funds to improve the agricultural structure, and meliorate 5 mu of low-yield paddy field and develop 20 green house vegetable lands by themselves based on the plant production plan of Shaodong County. The affected households hope the green house vegetable plantation can be supported by holding the technical training and guidance class by the committee of the village. In Qianjin group of Xinfeng Village, the surplus cultivated land after land acquisition is relatively insufficient, and the land acquisition will have large affect on the production to the local farmers, therefore, cash compensation will be adopted, namely, the resettlement subsidy and over 75% of land compensation will be fully allocated to every household according to the relevant state policies, and cultivated land readjustment will not be carried out within the groups. Considering about the high sale price of poultry meat and wide feed resource in the project region, 20 affected persons in Qianjin group agree to take livestock breeding as their rehabilitation measures. According to the villagers’ discussion, a pig farm will be developed in Qianjin group, adopting stock-holding system. The affected households can subscribe for the shares with land acquisition compensation for themselves, which can partly increase the employment as well as share annual dividends. The affected households hope the livestock breeding can be supported by holding the technical training and guidance class by the committee of the village. Considering that the developed market economy in

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Shaodong County brings extensive market prospect and that a great number of persons in the villager’s group have engaged in private business, who have abundant market experience and are gradually casting off the dependence to land and getting richer, 57 affected persons in Xiongxing and Daxing groups agree with cash compensation measures, and will utilize the land compensation fee as their capital for private business. 5.6 Rehabilitation Plan for Affected Commercial Units The project will not influence any private business shop fronts.

5.7 Rehabilitation Plan for Affected Enterprises and Institutions According to investigation, there are 4 enterprises affected by the land acquisition and demolition in the project area, which are showed in the Table 2.3-9 in detail. Through the collective consultation of the units responsible for resettlement planning, county PMO, government agencies in charge of enterprise administration, and representatives of affected units, it is decided that cash compensation will be provided to the 4 affected enterprises. Among the 4 enterprises affected by land acquisition and demolition of project, only the municipal corporation is running at normal level, the other three ones, such as Shaodong Timber Machinery Factory, Shaodong Paper Factory and Livestock and Fisheries Station, are bankrupted. In all the affected enterprises, only administrative houses and auxiliary houses are affected by the land acquisition, and the project will have small affect on their normal production, operation and office work, therefore, entire relocation is not required. After cash compensation, all affected enterprises could adjust administrative houses within their boundaries or build institutional houses by themselves. All affected enterprises will be provided with compensation for loss of production and during the course of relocation and rehabilitation.

5.8 Planning of Relocation and Reconstruction Special Facilities 5.8.1 Transport Facilities The land acquisition in the project will affect 2.6km of mechanical farm road, 4 middle bridges and 1 small bridge. According to the project design, the reconstruction of mechanical farm road, if the existing road crosses the embankment, will be built with up-embankment road to settle transport problem on the both sides of the embankment; while the existing road extends along the embankment, the reconstruction will be in parallel and by moving back in existing locations. The project design has covered the rehabilitation of the affected mechanical farm road. 5.8.2 Transformer Facilities

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The land acquisition will affect 2.5km of 10KV high-voltage lines and 3.5km of 380V low-voltage lines. According to the project design, the reconstruction of electric lines, if the existing lines cross the embankment, will be carried out by building higher pole and line and crossing over the embankment; while it affects tendency of electric lines along the embankment, it will be relocated by changing its route and moving back in existing location. After cash compensation, the reconstruction of electric transformer facilities will be designed and charged by the electric department in Shaodong County. 5.8.3 Broadcasting Lines The land acquisition of the project construction will affect 1.3km of broadcasting lines. The reconstruction of broadcasting lines will be carried out by building pole and line higher and crossing over the embankment, if the existing broadcasting lines cross the embankment; while it affects tendency of broadcasting lines along the embankment, it will be relocated by changing its route and moving back in existing location. After cash compensation, the reconstruction of broadcasting lines will be designed and charged by the broadcasting department in Shaodong County. 5.8.4 Water Conservancy Facilities The land acquisition of the project construction will affect 45 electric pumping stations of 1,660kw, 7 hilly ponds and 2.5km of canals. The project design has covered the rehabilitation of the affected electric pumping stations. After cash compensation, the reconstruction of hilly ponds and canals will be designed and charged by the hydraulic department in Shaodong County.

5.9 Vulnerable Groups Resettlement and Rehabilitation During the course of resettlement process, appropriate department of the project will specially pay attention to the resettlement of vulnerable group. To those affected vulnerable group mainly including elderly living alone, disabled, women headed households, and extremely poor families, in addition to standard compensation provided by the project, the project would provide additional financial or physical assistance so that their rehabilitation and restoration of income and livelihood could be completed as soon as possible. 1) The project will afford special allowance for the families under the poverty line to help them construct houses and keep their living level. The detailed measures include the house building subsidy of 3000 yuan/household for poor households, and subsistence subsidy of 600 yuan/person to help them overcome the difficulties during the demolition. 2) After implementation of the project, the affected households could apply for loan, and local village collectivities could provide guarantees for such application. 3) During the course of implementation of the project, local village collectives will help those vulnerable

122 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

families with selecting new housing site, rebuilding new houses, and transferring to new houses construction. They include those elderly living alone, disabled, and women headed households. For the 11 affected households with 33 persons, the allowance standard will be determined by the real situation and their needs. Allowance for the vulnerable group will be calculated by 1% of the total cost of occupied land compensation and resettlement for the project, which will be used to provide support compensation of house and accessorial facility and used for the cost of providing all kinds of assistance or life support to the vulnerable group affected by the project.

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6. Institution and Responsibilities

6.1 Resettlement Engaging in the Resettlement Planning The investigation of demolition and resettlement planning of the project are completed jointly by the resettlement consultation unit organized by Key Project Management Office of Hunan Province Water Resources Department and related resettlement design units. Shaodong County People’s Government and Water Resource Bureau assigned their staff to join in the work of investigation and planning. Township (town, sub-district), village (residential committee) and group affected by the project arranged the leaders and the masses to join in the investigation and planning.

6.2 Institutions and Responsibilities of Resettlement Implementation Management 6.2.1 Institutions Special resettlement Offices shall be set up in Hunan Provincial Project Office and Shaodong County PMO in order to manage the resettlement implementation work. There are about 1 to 8 persons in Project Resettlement Office. Because of the high sociality of the resettlement work, the Project Management Office at all levels should be formed by the persons from government, land administration, planning department and agricultural department. A person with rich management work experience will be the leader of the project resettlement office (PRO). There will be 1 to 2 main leaders in the townships (towns, Sub-Districts) and villages (residential committee) affected by the Project. One government leader and Land Administration Station leader will take charge of it in town, township and Sub-District, and village head or director will take charge of it in village and residential committee. See Fig. 6.2-1 for the Frame of Project Resettlement Institutions. 6.2.2 Responsibilities 1) Project Resettlement Leading Group of Hunan Province Leaders from Hunan Provincial People’s Government, Hunan Plan Committee, Hunan Water Resources Department and Provincial Loans Project Execution Office who are in charge of the project will be appointed to constitute the “Project Resettlement Leading Group of Hunan Province”. And its main responsibility is to strengthen the leadership in the project, and to coordinate and to organize the relation of resettlement institutions at all levels.

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ADB Loans Project Management Office of Hunan Province

Project Resettlement Leading Group of Hunan Province

Project Resettlement Management Office of Hunan Province

Shaodong County ADB Loans Project Office Independent Project Resettlement Resettlement Design Monitoring and Leading Group of Unit Evaluation Shaodong County Institution Shaodong County Project Resettlement Implementation Management Office

Township(Town, Sub-District) Resettlement Management Implementation Office

Village Committee or Residential Committee and Village’s group

Resettlement Household

Fig. 6.2-1 Frame of Project Resettlement Institution

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2) ADB Loans Project Office of Hunan Province The main responsibilities of ADB Loans Project Office of Hunan Province are to organize the work of project Resettlement and the planning, to take charge of the policy compilation of resettlement activities of the project, and to organize and coordinate the relation of resettlement institutions at all levels. Provincial Project Management Office will be set up under Provincial ADB Loans Project Office to deal with everyday affairs. 3) Resettlement Management Office of Hunan Province Resettlement Management Office of Hunan Province is constituted by Loans Project Execution Office, and its main responsibilities are to strengthen the leadership in the course of project implementation in Hunan Province, and to coordinate the working relation among the cities in Hunan Province and guarantee the construction of main body of project and the smoothness of land acquisition resettlement. 4) Project Resettlement Leading Group of Shaodong County Project Resettlement Leading Group of Shaodong County is managed by leaders of Shaodong County People’s Government in charge of the project directly, and its main responsibilities are to strengthen the leadership during the course of project implementation in the county, to coordinate the working relation of towns (townships or Sub-District), and to guarantee the smoothness of the construction of main body project, land acquisition resettlement. County PMO shall be set up under the leading group to deal with everyday affairs. 5) Shaodong County ADB Loans Project Office The main responsibilities of Shaodong County ADB Loans Project Office are to strengthen the leadership of the project, take charge of policy compilation of resettlement activities, and to organize and coordinate the relations of resettlement institutions at all levels. County Resettlement Implementation Management Office will be set up under it to deal with daily affairs. 6) Shaodong County Project Resettlement Implementation Management Office The main responsibilities of it are to fulfill management, planning, implementation, coordination and supervision and monitoring of the resettlement: Work out the land acquisition of the project, demolition and resettlement policy; Entrust the design unit to determine the range affected by the project, to investigate the physical index of the impact of the land acquisition and demolition, and to preserve the data; Apply for the land using and planning, and license on land using and construction; Be in charge of service training of main resettlement leader of Land Acquisition, Demolition, and Resettlement Office; Organize and coordinate the compilation and execution of Resettlement Planning Report;

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Be responsible for management and allocation of funds, and supervision the using of funds; Guide, coordinate and supervise the resettlement implementation and progress ; Preside over and check the internal monitoring activities, and be in charge of compilation of the report on land acquisition, demolition and resettlement; Determine the external monitoring institution and assist with the external monitoring activities. 7) Town (township, Sub-District) Resettlement Implementation Management Office It is led by Town (township, Sub-District) leader in charge of this project and composed of the main leaders of Land Administration Station, Police Office, Civil Administration Station and villages. The main responsibilities are as follows: Take part in the project investigation and assist in the compilation of Resettlement Action Plan; Organize the masses to join in and publicize the resettlement policies; Implement, check, monitor and record all of the resettlement activities in the township or town; Go through the demolition and rebuilding procedures for resettler’s houses; Be responsible for the payment and management of land compensation funds; Supervise the land acquisition, demolition of houses and attachment, and the rebuilding and demolition of buildings; Report the conditions of the land acquisition, demolition and resettlement to County Land Bureau and Resettlement Management Office; Coordinate and deal with the contravention and problems in work. 8) Village Committee or Residential Committee and Villager’s group Resettlement Group of Village Committee or Residential Committee and Villager’s group is composed of main leaders of Village Committee and Villager’s group, and its main responsibilities are as follows: ① Take part in the investigation of social economy and the project impact; ② Organize the masses to negotiate and to publicize the land acquisition and demolition policies; ③ Select the resettlement site, and allocate housing plot for the demolition household; ④ Carry out land reclamation, adjustment and allocation, and organize the resettlement activities such as production development; ⑤ Be responsible for the funds management and allocation; ⑥ Report the opinions and advice of resettlers to the higher authorities; ⑦ Report the progress of resettlement implementation; ⑧ Provide help for the households with difficulties in demolition. 9) Responsibilities of Design Unit During the planning design stage, survey the physical index of demolition, environmental capacity,

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developable and available resources exactly, to assist the government in the project area to work out the resettlement scheme, to compile the budgetary estimate of compensation and investigation for demolition and the report on demolition and resettlement planning, and to work out the related drawings. In the implementation period, provide design document, technology regulations, drawings and notice for the County PMO in time, report the design technical explanation to project Offices at all levels by phase, assist each settlement Office with the settlement demolition and settlement production arrangement and improve settlement arrangement planning schedule according to the actual conditions. 10) Responsibilities of Independent Institution for External Monitoring and Evaluation Qualified monitoring evaluation institution shall be hired to be the resettlement monitoring unit by the County PMO, and its main duties are: As an independent institution for monitoring and evaluation, its main responsibilities are to observe each aspect of the resettlement plan and its implementation, to monitor and evaluate the resettlement work, the implementation result and the social adaptability of the resettlers, and provide resettlement monitoring and evaluation report to the ADB through the PRO. Provide technical consultation for Project Resettlement Office in the aspects of investigation and process of the data.

6.3 Supervision Institutions Shaodong County Project Settlement Implementation Management Office is the supervision institution, and it shall preside and check the internal monitoring, compile project land acquisition resettlement progress report, report resettlement implementation progress, problem and advice for the Provincial Project Office regularly to maintain the good function of resettlement institution at all levels in the course of project implementation, coordinate work of all aspects and master the resettlement implementation conditions. At the same time, County PMO shall hire qualified and independent external monitoring unit to take the charge of the project land-cover demolition and compensatory monitoring evaluation work of resettlement. Independent monitoring unit shall provide technology consultation for internal monitoring and management, provide overall resettlement implementation information for County PMO and report resettlement progress, problem and disposal advice for County PMO.

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6.4 Resettlement Management System The implementation of the resettlement program for Shaodong Subproject will be the responsibility of the Shaodong County Resettlement Management Office, which includes arranging bidding process for both construction of special facilities and infrastructure projects. In addition, the resettlement management office will employ a qualified external monitoring and evaluation agency to carry out independent resettlement monitoring and evaluation. What’s more, computers shall be used to manage the information and keep all archives of resettlement and materials in the course of implementation in PMO at all levels.

6.5 Personnel and Facilities of Resettlement Institution 6.5.1 Personnel Arrangement In order to maintain the resettlement work to be carried out smoothly, special personnel shall be arranged for resettlement management institution at all levels to form a smooth information transmission channel. Personnel of resettlement institution consist of administrators and professional technical staff who own certain profession level and management qualification and land acquisition demolition working experience. See table 6.5-1 for details of related institution personnel conditions. Table on the Personnel of Resettlement Implementation and Management of Urban Flood Control Project of Shaodong County Table 6.5-1 Unit: Person Finance Technical Political Rear-service Institution Name Total Administrator Staff Staff Worker Staff County Resettlement Implementation 8 2 2 2 1 1 Management Institution Township Resettlement Implementation 5 2 2 1 Management Institution Total 13 4 2 4 1 2

6.5.2 Facilities The facilities equipped with the institution mainly refer to the resource arrangement of resettlement implementation institutions such as office buildings for resettlement institution at all levels, transportation tools, office facilities and communication facilities (see Table 6.5-2 for details). Total amount of facilities management as planned for resettlement institution is 330.3 thousand yuan, and the funds are open-fee of resettlement implementation institution of general budgetary estimate of resettlement investment.

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Table 6.5-2 Table on Facilities Arrangement of Resettlement Implementation Institution of Urban Flood Control of Shaodong County

Amount Investment Price City Township Project Type Unit (RMB Remarks (Yuan) Total Resettlement Resettlement Y’0000) Office Office 200 yuan/House, 1. Office Piece 9600 4 2 2 3.84 hire for 4 years BJLB 2.Transportation MOTOR Piece 171800 1 1 17.18 Tools CFA-6400A 3. Office 12.01 Facilities Lenovo 3.1Computer Yangtian Set 8499 3 2 1 2.55 M6000 3.2Printer HP8000 Set 8260 2 1 1 1.65 Panasonic 3.3Duplicator Set 13600 1 1 1.36 FP-7818 3.4Digital SONY Set 4880 2 1 1 0.98 Camera DSC-V1 Gree 3.5Airconditionor Set 4000 4 2 2 1.6 505TlyType 3.6Table and Set 1000 13 8 5 1.3 chair 3.7Scanner HP4670C Set 3000 2 1 1 0.6 Liguang 3.8Fax Set 1680 2 1 1 0.34 8500 Siemens 3.9Telephone Set 128 4 2 2 0.05 8000 Type 3.10 Notebook Toshiba Set 15800 1 1 1.58 computer PA100 4. Total 33.03 Investment

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

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

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6.6.3 Investment on Resettlement Training and Planning A total of six resettlement training workshops will be carried out with 270 persons participating at cost of RMB 136700 yuan. Among them, three workshops will be targeted to resettlers with 263 participants at cost of RMB 68800; and three workshops will be for resettlement staff with 7 participants at cost of RMB 67900. The training cost is included in the total resettlement budget. See Table 6.6-1 for details.

6.7 Measures for Institution Consummating 1) Make the responsibility and obligation range of resettlement institution clear and definite, and strengthen the supervision and management; 2) Enrich the forces of resettlement institution at all levels, and especially strengthen the profession technology forces. All of the personnel must own certain profession level and management ability, and strengthen the skills in computer, testing equipment and transportation tools; 3) Select the working personnel strictly, and strengthen the service skill training and carry out the training for administrator and technical staff in order to improve the service ability and management level; 4) Arrange women leaders with proper quantity and make them play a role in resettlement; 5) Establish database and strengthen the information feedback to guarantee the smoothness of information both from the higher to the lower and from lower to the higher, and important problems shall be solved by resettlement leading group. 6) Strengthen the report system and internal monitoring, and solve the problem in time. 7) Establish external monitoring evaluation mechanism and pre-alarm system.

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Resettlement Implementation Training Plan Table Table 6.6-1 Amount of Training Funds Amount of Project Training Place Training Mode Lecturer Training Object Person Training Content period arrangement Periods (person) (day) (104yuan) Training for 7 3 6.79 Administrator 1.Resettlement Principle and Policy; 2. Resettlement Project Planning Management; Hunan Hunan Lecture by County PMO 3.Resettlement Finance Provincial PMO 1 1 5 0.80 Expert Administrator Management; PMO Expert 4.Management Information System; 5. Resettlement Implementation Management, etc. 1.Administrator of Town Shaodong Provincial and Township 2 County Class The Same with Above 1 3 2.99 PMO Expert PMO PMO 2Administrator of Village 2 Domestic Domestic Main Service Personnel Resettlement Implementation and Similar Investment 2 1 10 3.0 of PMO Monitoring Management Project and Study 2. Resettlement 263 3 6.88 Production Skill Training 1.Production technology Refresher management; Hunan Teachers of Resettlement backbone course and 2.Agricultural technology Agricultural Agricultural and resettlement 3 1 Half a year 1.6 entrusting management; University University children education 3. Agricultural production multi-operation Administrator of County Representative of each Township Resettlement town, 260 (140 1.Planting technology training (Sub-district) Class 2 7 5.28 Office and township and female) 2. Animal husbandry training PMO agricultural village Technology expert 3. Total 270 6 13.67

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7. Public Participation and Harmonization with Residents in Resettlement Area

7.1 Public Participation Strategies According to relative relocation resettlement policies and code of nation, province and county, in order to maintain lawful rights and interests of resettlers and affected work units to be removed and reduce complaints and dispute, work out the policies and implementation detailed rules of resettlement and rehabilitation of project, compile resettlement plan, implement the RP and organize works aiming at the restoring income and livelihood for the affected people. In order to accomplish appropriate resettlement, a great deal of efforts has been made on increase participation and consultation by the resettlers during stages of preparation and implementation of the RP.

7.2 Approaches and Measures of Public Participation 7.2.1 Participation Approaches Before launching investigation work, prepare work plan, listen and accept local government’s opinion for the investigation content, approaches and requirement, etc. Local government dispatches staff to take part in investigation group and work together. In the period of investigation at large, invite officials and representatives of township, village and group to participate in investigation work, and introduce to them the project necessity, project effect, project influence, compensation principle and resettlement schedule, and consult over the possible direction of the resettlement together. In the phase of resettlement planning, the work staff of resettlement deliberate with all levels of leaders of county, township (town, Sub-District), listen to and accept opinions, requirements, and existent problems, choose resettlement area. When investigating on the spot, local mass and concerned leaders shall participate in choosing resettlement location. It is proved that the consultative work has active significance to choosing resettlement location of long term potential and establishing scheme which is easy to be accepted by resettlers. 7.2.2 Participation and Consultation Measures Public participation and consultation mainly adopts two ways of small group discussion and spot check of resettlers’ opinion. Illustrate project building purpose, content and importance to the resettler representatives and discuss the matters concerned the resettlement planning together through these manners. Through investigation, a great deal of efforts shall be made on public participation and

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consultation opinions by design units. On the basis of no prejudice to the collectivity planning principle, house-building scheme for resettlement and production resettlement modes should be consistent with mass opinions so that programming is in reason and resettlers are satisfied. In the stage of resettlement implementation, more consultation will take place by ways of group discussion and resettlers’ opinion survey, collect resettlers’ information, investigate resettlers’ desire, and further refine resettlement and rehabilitation scheme. To ensure that the resettlers and local government in the affected area understand the detailed information of the resettlement plan and the resettlement and compensation plan of the project, propaganda to the resettlers the laws and regulations on national resettlement through public participation (colloquia) or local media (such as TV) from the start to the implementation of resettlement plan, so resettlers will know exactly practicality index quantities, the computation method of compensation standard and methods, resettlement measures, appropriation and usage of the resettlement compensation and assistance fund, the rights and compensation method of the resettlers, etc. At the same time, similar information should also be disclosed to the residents in the resettlement area to make them know more about land acquisition information, land compensation standard, fund usage and resettlement information. Disclose resettlement work to gain the support and confidence from both groups to ensure the success of resettlement work.

7.3 Public Participation in the Process of Resettlement Planning In the stages of preparation and compilation of Resettlement Plan, all levels of local government and resettlers should take part in the following item of work: 1) From Mar. to Apr.2006, the investigation on physical indices of relocation and demolition by land acquisition in the project was conducted by Shaodong County Project Resettlement Office, resettlement design units, Villagers’ groups and resettler representatives. In the process of resettlement planning, project resettlement office and resettlement design units go deep into every village and Villager’s group, adopt the form of holding colloquia participated by cadres of village group and resettlers representatives or discuss with resettlers randomly, further solicit their opinions and suggestions on resettlement (including their choice of resettlement location, production rehabilitation measures, house tearing down and building and compensation policies for land acquisition. For details, see 7.3-1. 2) Shaodong County resettlement office and design office successively organize and hold consultation meeting participated by all levels of local cadres and all classes of influencing people. Propaganda the all classes of existing policies on resettlement of country, province and city. Accept and consult widely their opinions on how to decrease project impact, how to resettle the demolition resettlements for land

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acquisition and compensation standard for all level of affected people. For details, see7.3-2. Table7.3-1 Questionnaire of Public Attitudes toward the Project Participant Discussion Time Location Participant Final Results Number Content Project The officials of each introduction, Support project Each resettlement village, Mar. 2006-Apr. affected area and building, agree with resettlement design unit, 120(68female) 2006 tentative resettlement plan village resettlement resettlement tentatively. representatives scheme Planning committee, Project County and town government, introduction, Support project town design units, affected area and building, agree with Jun. 2007 government 28(15 female) planning, country and tentative resettlement plan in meeting resettlers resettlement principle. room representatives scheme Solicit project Defining every item County government, County opinions on of compensation design units, government compensation, standards, Dec. 2008 planning, country, 45(25 female) meeting resettlement plan resettlement policies resettlers room and land and land acquisition representative acquisition policies.

Table7.3-2 Policies Disclosure Who and with Purpose Content When Where whom Administrative 1.Project influence all kinds of Survey group management organ of quantities of index in kind and consists of project area, township Project impact in land acquisition of project. County project Oct. government, village social-economy survey 2.Project influence Office and 2006 committee, the affected socio-economy condition in the Resettlement domestic and non area affected by the project design units domestic 1.Accept the opinions and Tentative consultation for suggestions of every relative County the compensation party of project scheme, government, policies and demolition demolition and resettlement Nov. County project Within the project scope scheme in the work. 2007 Office and preparation of 2.Resettlers representative affected people resettlement plan participate in demolition and resettlement work. 1.Hold consultation meeting, concentrate on introducing County project, conditions and go on accepting Further consultation of demolition opinions and suggestions. compensation policies Office and Feb. 2.Hold mobilization demolition Demolition Location and rehabilitation plan in demolition 2009 work meeting, propaganda revising resettlement plan household resettlement plan, compensation representative standards and answer the relocatee’s question.

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3) In the process of resettlement plan, the project publicizes relative resettlement information to the residents in resettlement area, through holding the discussions with village officials and resettlers representatives or talk with resettlers randomly. Then they can know more about the land acquisition, land compensation standards, fund usage and resettlement information. Table 7.3-3 Information Disclosure

Disclosure Document Disclosure Way Disclosure Location Date Situation introduction of the project (including 1. Hold the meeting Oct.2006 Project area land acquisition 2.Bulletin column 1.Resettlement Information Introduction of the project of land acquisition and Aug. 2007 Booklet Project area removal 2.Hold the meeting Nov. 2008 Disclose the bulletin of resettlement plan Bulletin column Mar. 2009 Project area Bulletin column Disclose the report of resettlement plan Apr. 2009 Project area Published in the newspaper (1) County Project Office Submission to ADB Jun. 2009 County PMO (2) Website

4) From Mar. to Apr. in 2003, staff of the resettlement planning team conducted survey of willingness among affected households with the assistance and corporation of relevant department of project. The results are listed: Know about the project: 99.44% resettlers know about, 5.56% don’t know. Know about the channel: 94.12% resettlers know through investigators, 61.8% resettlers through villagers in neighboring village Supporting attitude: All resettlers support the project. Influencing degree: 89.02% resettlers think the flood control benefit of the project is great, the negative effect caused by the land requisition and demolition can be reduced by reasonable compensation; 3.54% resettlers think the flood control benefit of the project is great, the negative effect caused by land requisition and demolition is great; 7.44% resettlers think the flood control of the project has no effect on them, the negative effect caused by the land requisition and demolition is to some degree. Demolition and resettlement: 28.31% resettlers in city area choose currency compensation for their compensation method and would love to buy houses by themselves to live in; 71.69% resettlers choose property rights transposition and hope government arrange unitedly, desire the area of resettlement houses is the same of former one. Production resettlement: 62.56% resettlers require cash compensation, 37.44% resettlers require the adjustment of ground.

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7.4 Public Participation and Plan in Implementation of Resettlement Plan Resettlers should be encouraged to participate in the whole process of implementation of resettlement planning of the project. 7.4.1 Participation in the Houses Rebuilding and Resettlement 1) Houses Compensation Standards The houses compensation standard is very important to the resettlers’ benefits. Before the houses are removed, relative organs should consulate and sign contracts on houses compensation standard with resettlers. Consultation results should be publicized before signing agreements so as to accept mass supervision. 2) Houses Rebuilding Location and Method In the stage of preparation and compilation of Resettlement Plan, relative department survey the resettlement houses rebuilding location and method. According to the surveying results of the resettlers’ opinions, most resettlers would like to rebuild their houses in their own village group and remove and build houses by themselves. 3) Dealing with the Old Houses All the removed houses will receive houses compensation according to replacement value. The removed household can first remove then build or first build then remove according to their own willingness in the prescribed time. Old materials of the formal houses can be used by removed household. 7.4.2 Participation in Production Resettlement All the villagers of every village and group should participate in the adjustment and distribution of land and start-up of other agricultural development project, especially take care of resettlers who have special requirements of land. 7.4.3 Participation in the Usage and Management of Land Compensation Fee Land compensation fee should be owned by collectivity of villages and groups, any unit and individual should not withhold and appropriate. After the compensation funds have been given to collectivity of villages and groups, it should be planned as a whole in order to ensure special funds for special purposes. The funds cannot be used until the usage is talked over and agreed in every group of villagers meeting and be supervised by villager representative. 7.4.4 Participation in Project Construction The project construction more or less affect local. In order to ensure the affected people can benefit from the project, mass are encouraged to participate in the project construction and provide convenience in materials and labor services.

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7.5 Women Participation From the start of the project, a great effort has been made on the function of women by the implementation institution of the project and local government. Concern women and families where women are the householder and bring women into play in the process of implementation of resettlement plan. In the affected area, women’s rights, interests and status should be the same as that of men. Women play an important role in economic development activities and housework. Especially in the country, most women stay at home, more men go into the city to find jobs. So besides family responsibility women play an important role in tilling and non-farm work. So in the area affected by the project, women will pay more attention to the project than women, they not only take part in every stage of work of resettlement but also give fineness rein to the direction and method of resettlement. In the period of surveying the project at large, all Women Directors of resettlement villages are invited to participate in surveying work group to propaganda and communicate with affected women; In the group discussions, more than 50% is female, besides they support the project actively, they showed that they pay closer attention to the correctness of surveyed index in kind, rationality of compensation standard and whether the compensation fee can reach in time etc. In the resettlement planning stage, resettlement design unit actively invite female resettlers representatives to discuss together, accept their opinions, requirements and existing problems on production resettlement and resettlement of demolition and houses building. The consultation work has positive significance in releasing women from the worry of living source and traditional production pattern and achieving equal proceeds in the production. Meantime, arrange for at least one-woman cadre in all levels of setup of the project; encourage women to participate in the implementation of the resettlement planning. A great deal of effort will be made on the women’s demolition activities, especially the livelihood rehabilitation by resettlement implementation setup and local government in the process of implementation of the project. Give priority to women and provide more opportunities in the project construction.

7.6 Harmonization with the Residents in Resettlement Area The resettlement demolition of the project is mainly to buy houses by themselves and build houses centralizedly, the former resettlers can choose place to buy house where they can adapt the new living environment. The latter resettlers can be harmonious with residents in resettlement area because the resettlement’s life doesn’t change much and they share the common life and custom habits. Of course, it doesn’t mean that there is no estrangement and conflict between the resettlers and former residents.

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In order to establish good relationship between them, the following work should be done: 1) Before removal, resettlers and residents in the resettlement area should take part in the resettlement planning. If you want to get cooperation, participation and feedback opinions of resettlement area and resettlers, introduce to them their rights and schemes they can choose. They can have their own choice from a number of resettlement schemes. They can consult with them directly or define through formal or informal leaders and representatives. In most conditions, do some system arrangement such as project official holds regular meetings with local groups so that resettlers and residents in the resettlement area can show their opinions in the whole period of planning and implementation of the project. Must make effort to see that vulnerable populations express their opinions adequately. 2) Try to decrease the impact on the residents in resettlement area. There may be conflict between resettlers and residents in the resettlement area if resettlers need more land, water sources, wood land and society services, or society and houses facilities provided for resettlers succeed the level of residents in resettlement area. So in order to avoid such conflict, the livelihood condition and society service of the residents in resettlement area should be improved, at least avoid deterioration. Try to provide for two groups the perfect education, water supply and medical service and create better social atmosphere for their permeation.

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8. Appeal Procedure

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

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

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

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

People’s letters and Office of implementation and Resettlement visits handling Office management of project monitoring and of county, city and resettlement of Shaodong evaluation setup province County

Office of implementation and management of project resettlement of Sub-District, town and township

Village committee or villagers group

Affected household

Figure 8.2-1 Appeal System Figure of Project Resettlement

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9. Environment Protection and Management

9.1 The Necessity of Environment Protection The environment evaluation of main body of resettlement investment project shall include the impact of resettlement on the environment. The planning of resettlement shall be conducted with environment evaluation. It is necessary to demarcate the line of resettlement area and calculate the increment of population density in unit area. In agricultural project, if the number of the resettlers is larger than the original number of this resettlement area, the aggravating environment problems will come along, such as deforestation, excessive depasturing, the water and soil loss and the pollution of the hygienic conditions etc. Therefore, appropriate eased measures (including the training of resettlers) shall be included in the resettlement planning, besides other resettlement places can also be chosen. And the urban resettlers will cause the relevant problems related to the population density (such as communication capacity, drinking-water source, hygienic system and medical & healthy treatment etc.). Constructive environmental management methods can supply both good opportunities and benefits to the resettlers and the residents in the resettlement area. If the resettlement causes an unacceptable consequence, we must find another resettlement site or add the resettlement points.

9.2 Clean-up of Relocation All kinds of rubbish, which are produced during the demolition of the various buildings and their attachments within the project range shall all be spoiled in the place designated by Shaodong County Environmental Hygiene Administration. The houses and their attachments within the project range shall be demolished; their walls shall be torn down and leveled. And the internal pollution source within the project range shall be removed and disinfected. The existing wastewater of the industrial enterprises within the project range shall be drained off according to the stipulations. Poisonous waste slag shall be delivered to the appointed place and buried. And the warehouse used for storing the chemical materials shall be treated by poison elimination and neutralization, so that the soil can meet the hygiene standard.

9.3 Environment Management of the Resettlement Area The environment protection shall be fully considered during the planning and construction of resettlement area, we shall try our best to make the surroundings beautiful and comfortable.

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(1) Level the land of the cutting faces when excavating the new soil, and set up drainage ditches on the cutting faces when necessary to reduce the water scouring to the cutting faces; the waste area shall be forested as soon as possible so as to avoid the water and soil loss; houses and public facilities shall be constructed with the least damage to the forestry vegetation; and trees shall be planted on both sides along the roads. (2) Do a good job of the new houses cleaning: Renovate the environment and spray pesticide before the resettlers move in, and clean the weed and wastewater container or other things both in front and back of the house after settling in. (3) Choose a healthy and clean water source: set up a solid reservoir if it is required to take the spring as the water source, such pollution source as toilet, filter pit, manure pit, livestock barn, waste pit, rubbish pit and waste slag pit etc. are not allowed to be set up in the area 20-30m around the water source.

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10. Monitoring and Evaluation

10.1 Internal Monitoring 10.1.1 Internal Monitoring Agency Organization In this project, Shaodong County PMO is authorized as internal monitoring agency, this agency shall be appointed a special leader to be responsible for the relevant problems of resettlement. The leader shall be experienced in resettlement and authorized to coordinate with the relevant departments involved with the resettlement. And the agency shall be appointed the sufficient personnel, and the personnel shall be qualified for experiences of resettlement work and social problems, so as to carry out the right responsibilities. 10.1.2 The Objective of Internal Monitoring The objective of internal monitoring is to maintain the good function of resettlement agencies at all levels during the project implementation process, and coordinate and cooperate with each unit in order to grasp the situation of resettlement implementation timely. 10.1.3 The Content of Internal Monitoring 1) The relocation, allocation of housing locations and housing reconstructions; 2) The implementation schedule and quality of development project of resettlers’ production; 3) The investigation, coordination and proposals for the main problems existing in resettlement and implementation agencies during the implementation process; 4) The family income rehabilitation after resettlers’ relocation; 5) The rehabilitation of vulnerable group; 6) The payment and usage of the resettlement compensation and the situation of fund in place; 7) Resettlers’ participations and consultation during the implementation period; 8) The resettlers’ training and effects; 9) Agencies, training, working timetable and efficiency of the local RO. 10.1.4 The Responsibilities of Internal Monitoring 1) Cooperate with resettlement implementation agencies, departments in charge and external monitoring units. 2) Work out the corresponding tables according to the monitoring contents, and ask the implementation units to fill in and submit the tables to the department in charge and County PMO; 3) The monitoring personnel shall check and investigate on the spot once a month, and they shall participate in the completion acceptance of the resettlement project once a month.

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4) Supervise the implementation of the annual work plan, fund utilization; the annual fund shall be audited by the provincial department in charge of resettlement; 5) Submit the working schedule report regularly to the higher level in July every year; 6) Report the implementation situation to Provincial PMO at the fixed time, and coordinate with the departments in charge according to their requirements at any time.

10.2 External Monitoring 10.2.1 Independent Monitoring & Evaluation Agency For this project, the qualified monitoring unit shall be invited to undertake resettlement monitoring and evaluation. The independent monitoring unit shall provide the comprehensive information on implementation of resettlement to the PMO, including implementation progress, the existing problems and suggestions to the PMO. After negotiation, ADB and Hunan Provincial PMO finally determined that the external resettlement monitoring & evaluation work for 19 of 35 subprojects would be carried out by Changsha Xinghuan Water& Electricity Engineering Development Co., Ltd. The 19 subprojects include all the 8 core subprojects (Loudi City, Xinhua County, Wugang City, Sangzhi County, Chenxi County, Yongzhou City, Huaihua City, Leiyang City), and 11 of the 27 non-core subprojects (Cili County, Xiangtan City, Xupu County, Shimen County, Jishou City, Hengyang City, Fenghuang County, Baojing County, Zhongfang County, Luxi County). Moreover, the external resettlement monitoring & evaluation work for the other 16 non-core subprojects will be carried out by Hunan Hydropower Consultancy Co., Ltd. Shaodong County PMO proposes Hunan Hydropower Consultancy Co., Ltd. as the resettlement monitoring & evaluation agency in this project. According to the practical situations of this project, Hunan Hydropower Consultancy Co., Ltd. will establish Shaodong subproject monitoring & evaluation department for urban flood control project to carry out all basic monitoring and evaluation by providing technical assistance to LPMO and conducting detailed survey among affected people. It is proposed that Shaodong subproject monitoring & evaluation department is composed of the experts and technicians who are experienced in resettlement planning and design, resettlement implementation and management, resettlement monitoring and evaluation, and resettlement supervision.

10.2.2 The Objective of Independent Monitoring & Evaluation The Monitoring & Evaluation of resettlement is an efficient management method in resettlement project management, and the objective of independent monitoring & evaluation is to judge if the objective of the resettlement is achieved by means of providing the evaluation of the resettlement

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works and checking all the implementation works with an eye of long term. The independent monitoring & evaluation agency shall trace the resettlement activities, and give evaluation and proposes to the whole process of resettlement and the recovery of the resettlers’ living standards, and provide alarm system to engineering management department, and supply the report channels for resettlers’ suggestions, so as to ensure the planning and implementation of resettlement in conformity with the laws, regulations and rules issued by PRC, and to ensure the whole project to achieve the objective as expected. 10.2.3 The Contents of Independent Monitoring & Evaluation The independent monitoring units shall conduct the monitoring and evaluation to the implementation effects of rural resettlers’ relocation, the demolition and construction of special facilities and infrastructural facilities, and utilization effects of resettlement fund. 1) Monitoring & Evaluation of resettlement implementation schedule is as follows: ① The schedule of land acquisition and the finalized situation of land for new resettlement area; ② The schedule of the housing demolition and reconstruction; ③ The schedule of resettlers’ relocation; ④ The schedule of employment allocation for the labors; ⑤ The construction schedule of public infrastructure facilities and special works. 2) Monitoring & Evaluation of the payment and utilization of resettlement fund is as follows: ① The situation of the fund being in place; ② The fund input and its utilization; ③ The evaluation of social and economic effects about the fund input. 3) Monitoring & Evaluation of resettlement production resettlement is as follows: ① The planning objective of resettlement production resettlement; ② The basic production situation before and after removal (including the employment situation); ③ The comparisons of main technical and economic evaluation indices before and after removal. If the evaluation fulfills the planning objective degree, the experience and lessons shall be summarized. 4) Monitoring & Evaluation of resettlers’ livelihood relocation is as follows: ① The planning objective of resettlement livelihood relocation; ② The housing condition and residential environment before and after removal; ③ The economic income and expenditure as well as composition before and after removal; ④ The comparisons of main livelihood evaluation indices before and after removal, evaluate the resettlers’ livelihood quality, and summarize the experience and lessons.

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10.2.4 The Methods of Independent Monitoring& Evaluation The monitoring and evaluation activities are conducted on the basis of the investigation data provided by agencies in charge of investigation design and relocation implementation. The evaluation is conducted on the basis of all-around understanding and adopted the combined methods of spot-checking and quick evaluation. Choose a typical model (resettlement household/ village), set up the corresponding evaluation index system according to the different affected objects, and invite the experienced resettlement expert to determine the weighting of each index by the way of “back-to-back”, and take the latest livelihood quality research at home and abroad as reference, manage the indices by dimension treatment, analyze and calculate the investigation achievements, and contrastively evaluate the calculation achievements. 1) Evaluation of Livelihood Standard The independent monitoring agency shall propose and conduct the investigation on basic living standard before implementation of resettlement, and set up a control group according to the random samples of APs. The investigation on living standard shall be repeated annually (it shall be conducted twice at least after implementation completion) so as to measure the change of APs’ living standards. This activity is one of the methods of determining the changes of APs’ living standards. The investigation table of living standard consists of every index used to measure production level and living standard, reflects the changes of production and livelihood by the developing changes of the same index before and after removal. Whether the design of the index will reflect the change of production and living standard of the resettlers truly will be showed in the base investigation. And the design of the index will be improved according to the actual conditions, so as to ensure the acquired information to fully and truly reflect the quantity and quality of resettlers’ production and living standard. 2) Public Consultation The independent monitoring & evaluation unit will participate in the public consultations held by village and township (town) at the fixed time, and evaluate the effects of Aps’ participation and the cooperative degree of Aps during the implementation course of resettlement planning by monitoring these consultation meetings. At the same time, the independent monitoring agency will consult with APs to acquire the knowledge, preferences and hopes of their livelihood, and report these findings to the project RO. These activities shall be conducted over and over again during the period of resettlement implementation and after implementation. 3) Complaints The independent monitoring agency shall visit the affected places at the fixed time, and adopt the way of holding talks with local RO and APs to ask about and understand the complaints. Moreover, the independent monitoring agency shall monitor the efficiency of disposal of the complaints continuously.

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As for the possible changes, the independent monitoring agency shall propose the suggestions if necessary to make the process of resettlement more effective. 4) Other Responsibilities The independent monitoring agency shall propose the suggestions to the project RO during the period of preparation for RP plan and implementation; meanwhile, it is also responsible for the monitoring of the following indicative items: (1) The payment and amount of the compensation; (2) The preparation and sufficiency of the relocation sites; (3) The housing reconstruction; (4) The Aps’ removal; (5) Training; (6) The support to the vulnerable group; (7) The recovery and reconstruction of infrastructural facilities and special facilities; (8) The deployment and recovery of production; (9) The compensation of property loss; (10) The compensation of working time loss; (11) The transition allowance; (12) The compensation of repurchase fee of property loss; (13) The timetable of the above-mentioned activities (it can be used at any time); (14) The setup of resettlement network; (15) The utilization of collective land compensation fee and the resettlers’ incomes; (16) The situation of labor employment and incremental incomes.

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10.2.5 The Procedure of Independent Monitoring & Evaluation

Establish a project, and clarify the objectives, content and requirements

of monitoring and evaluation;

Work out detailed general outline of monitoring and evaluation;

The works in Study the technical line and working methods of monitoring and early days evaluation;

Work out the investigation outline and tables;

Design typical resettlement trail investigation plan for monitoring system.

Give an all-around investigation for the socioeconomic materials of resettlement households and their villagers

Give all-around investigation for the schedule of the resettlers’ relocation and the situation of the fund in place; Monitoring System Collect the information on typical resettlement households at the fixed time;

Check the random samples.

Conduct the inside liquidation, analysis, calculation, evaluation, and conclude a conclusion; Evaluation System Compile monitoring and evaluation report and submit the report to the County PMO and ADB.

10.2.6 The Period, Frequency and Standard of Monitoring & Evaluation 1) The period of monitoring: The working time of independent monitoring unit includes the engineering construction period and the two years after the completion of the project. 2) The frequency of monitoring: The frequency shall be reported at least twice a year at peak period and once in other years according to the schedule of resettlement implementation and arrangement of implementation intensity. And it shall supply consultation for County PMO. 3) The standard of monitoring: The investigation and sampling standard of IME: 5% APs in land acquisition and relocation; 20% affected village in land acquisition and relocation; 20% enterprises and public institutions. 4) The time of monitoring report: Submit the monitoring report to the Provincial PMO and ADB twice at

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peak period (in July and December every year), and in other years submit it once in July.

10.3 The Evaluation of Resettlement After the completion of the project, on the basis of monitoring and evaluation, conduct an evaluation for the resettlement by means of after-project evaluation theories and methods. The content mainly includes the evaluation of successful experience and the useful lessons in the aspects of housing demolitions, enterprises and institutions, and land acquisition etc. And the evaluation will provide the referenced experience for the future resettlement. After resettlement, the evaluation unit shall undertake preparation of the evaluation outline, setup of the evaluation index system, the analysis and investigation on social economy, compilation of The Evaluation Report after the Resettlement Implementation of Shaodong County Urban Flood Control Project, and then submit the report to Provincial PMO and ADB.

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11. Compensation Budget

11.1 Compilation Reference and Principle 11.1.1 Main References 1) Land Administration Law of the People’s Republic of China (1999); 2) Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China (2000); 3) Houses Demolition Administration Regulations of the PRC, starting implementation since November 1, 2001; 4) Methods of Hunan Province for Implementing the Urban Houses Demolition Administration Regulations, starting implementation since September 1, 2002 5) Provisional Regulations on Cultivated Land Occupancy Tax of PRC; 6) Methods of Hunan Province for Implementing the Cultivated Land Acquisition Tax (Revision); 7) A Notice by Hunan Provincial Commodity Price Bureau and Financial Department about Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System (XJF[2003] No.42); 8) A Notice about Issuing Hunan Provincial Land Acquisition Annual Output Value Standard (XZBF (2005) No.47) 9) Regulations about Land Acquisition and Resettlement for Hydraulic and Hydropower Project (SD290--2003); 10) Relative procedures and specifications of each professional department; 11) Investigation on tangible materials index affected by the project and achievements of resettlement planning. 11.1.2 Compilation Principle 1) For the following items such as production resettlement, demolition relocation, demolition and reconstruction for the special facilities which are planned and designed with reference to the relevant national policies, regulations and standards, calculate the investment according to the design program and the corresponding works quantities (or physical materials amount). 2) Standards for land compensation fee and relocation subsidies, and compensation fee for young crops shall be calculated and determined according to the relevant stipulations from Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China; 3) Housing compensation standard shall be determined according to typical unit price analysis on the

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houses in the project-affected area; compensation standards for auxiliary facilities, scattered trees, and demolition subsidies shall be determined comprehensively according to the compensation standards for the typical design or the similar project. 4) Compensation fee for the special facilities shall be determined on the basis of “original scale, original standard and original function” according to the actual rehabilitation situation.

11.2 Resettlement Compensation Fee 11.2.1 Land Compensation 1) Project-involved Permanent Land Occupation The land compensation, relocation subsidies and production compensation fee are calculated as RMB 20.3105 million yuan according to various kinds of the acquired land quantities and compensation standards. 2) Project-involved Temporary Land Occupation The temporary land use in this project is 444 mu, including 111-mu dry farmland, 177.6-mu shrubbery land and 155.4-mu waste grassland. According to the compensation standards for various temporary lands occupation, the temporary compensation fee of this project is calculated to be RMB 0.8656 million yuan. 11.2.2 Compensation for Houses and Auxiliary Facilities The compensation for houses and auxiliary facilities in this project mainly includes the compensation fees for the residential houses and the non-residential houses as well as the auxiliary facilities. According to the demolition physical material indices and standards for compensation subsidies, the compensation fees for the houses and auxiliary buildings are calculated as RMB 5.2023 million yuan in total. 11.2.3 Compensation for Infrastructural Facilities The compensation for infrastructural facilities in this project mainly includes fees for the following infrastructures such as the site leveling, water drinking, illumination, and roads, etc. in the centralized resettlement site and scattered resettlement site. The demolition and resettlement is planned to be 164 persons from 26 households. The investment is totally calculated as RMB 0.246 million yuan according to the compensation standard of RMB 1,500 yuan per capita. 11.2.4 Relocation Transportation Fee The transportation fee of this project mainly includes transportation fee, livelihood subsidies, temporary residential subsidies and secondary transportation fee, etc. The investment is totally calculated to be RMB 65,600 yuan, according to the required relocation and removal of 164 persons

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from 26 households. 11.2.5 Compensation for Enterprises and Institutions The housing relocation compensation for enterprises and institutions is counted into the compensation part of houses and auxiliary buildings. The compensation for enterprises in this project mainly includes relocation subsidies, compensation fee for production equipments as well as the loss of production and business suspension, totaling RMB 0.3811 million yuan. Among them the demolition subsidies is calculated to be 0.1129 million yuan, according to the housing floor space required to be removed at 25 yuan/m2; For the compensation fee for production equipment, the dismantling, mounting and debugging expenses is calculated RMB 0.124 million yuan according to 10% of the repurchase cost for the equipment required to be removed (counted as RMB 1.24 million yuan through investigation); the loss of production and business suspension is RMB 0.1442 million yuan (business stop period is calculated as 6 months). 11.2.6 Subsidies for Vulnerable Group The subsidies for the vulnerable group in this project is calculated as 1% of compensation fee for the land acquisition and for the houses and auxiliary facilities, the investment is RMB 0.2638 million yuan, and mainly used for offering various kinds of help or livelihood support fees for the vulnerable group affected by the project. 11.2.7 Resettlement Compensation Investment The resettlement compensation investment of this project is the sum of Item 11.2.1~Item 11.2.6, totally calculated as RMB 27.3349 million yuan. For details, see Table 11.2-1.

11.3 Compensation for Special Facilities Because the relevant professional departments of the special facilities affected by this project have not put forward the detailed relocation and building planning currently, the rebuilding compensation investment in this budget is calculated according to the quantities actually affected by the project. 1) Compensation for traffic facilities: Mainly including compensation fee for the traffic facilities such as tractor road, tractor bridge and the like, with the investment equivalent to RMB 0.92 million yuan in total. 2) Compensation for power transmission and transformation facilities: Mainly including rebuilding compensation fee for the pole removing and line changing of 10KV high voltage line and 380V low voltage line, with the investment equivalent to RMB 0.2213 million yuan in total. 3) Compensation for broadcasting line: It is totally calculated to be RMB 45,500 yuan.

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Budget for Resettlement Compensation Investment of Shaodong County Urban Flood Control Project Table 11.2-1 Unit Price Investment (In Item Sub-item Sub-sub-item Unit Quantity Remarks (yuan) Y’0000) I. Land Compensation 2117.61 (I). Permanent Land 2031.05 Acquisition 1. Collective Land mu 1947.85 1.1 Cultivated mu 1919.58 Land Paddy Field mu 628.90 22517 1416.09 Dry Farmland mu 145.60 15498 225.65 Vegetalbe land mu 67.50 41162 277.84 1.2 Garden Land mu 9.00 20076 18.07 1.3 Pond mu 2.42 21968 5.32 1.4 Timber mu 4.80 10160 4.88 Forestland 2. State-owned Land mu 83.20 2.1 Industrial mu 8.32 100000 83.20 Land 2.2 Residential Considered into the unit price of compensation for mu 4.68 Land houses (II). Temporary Land Use mu 86.56 1.1 Dry mu 111.00 5821 64.61 Including reclamation cost of cultivated land Farmland 1.2 Shrubbery mu 177.60 1236 21.95 Land 1.3 Waste mu 155.40 No Compensation Grassland

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Budget for Resettlement Compensation Investment of Shaodong County Urban Flood Control Project Table 11.2-1 Unit Price Investment (In Item Sub-item Sub-sub-item Unit Quantity Remarks (yuan) Y’0000) II. Compensation for Houses and Auxiliary Facilities 520.23 (I). Residential Houses m2 371.28 1. Urban Residential m2 9151.00 371.28 Houses 1.1 Brick m2 8236.00 425 350.03 Concrete 1.2 Brick Wood m2 540.00 338 18.25 1.3 Simple m2 375.00 80 3.00 Structure (II). Non-residential Houses m2 4515.00 146.26 Brick Concrete m2 4005.00 355 142.18 Simple Structure m2 510.00 80 4.08 (III). Auxiliary Facilities 2.69 Cement Sunny m2 1065.60 25 2.66 Ground Well Place 1 300 0.03 III. Compensation for 24.6 Infrastructural Facilities Site Leveling, Water-drinking and Person 164 1500 24.60 Illumination IV. Relocation 6.56 Transportation Fee 1. Material Transportation Person 164 100 1.64 Fee

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Budget for Resettlement Compensation Investment of Shaodong County Urban Flood Control Project Table 11.2-1 Unit Price Investment (In Item Sub-item Sub-sub-item Unit Quantity Remarks (yuan) Y’0000) 2. Livelihood Subsidies Person 164 50 0.82 3. Temporary Housing Person 164 150 2.46 Subsidies 4. Secondary Person 164 100 1.64 Transportation Fee V. Compensation for 38.11 Enterprises and Institutions 1. Relocation Subsidies m2 4515.00 25 11.29 2. Compensation fee for Calculated as 10% of repurchase value of 12.40 Equipments equipments. 3. Loss of Production and 14.42 Business Stop 3.1 Brick m2·month 4005 6×6 14.42 Calculated as production stop of 6 months Concrete Calculated as 1% of the land acquisition VI. Vulnerable Group 26.38 compensation fee and compensation for houses Subsidies and auxiliary facilities Total 2733.49

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4) Compensation fee for water conservancy facilities: Mainly including compensation for electrical pumping station, mountain pond, and channels, etc. It is calculated to be RMB 1.97 million yuan in total. 5) Compensation for CATV line: It is calculated to be RMB 14,000 yuan in total. The compensative investment on the above-mentioned special facilities is calculated to be RMB 3.1708 million yuan in total. For details, see Table 11.3-1. Compensation Investment Budget for Special Facilities Affected by Land Acquisition Demolition in Shaodong County Flood Control Project

Table 11.3-1 Unit Price Investment (In Item Unit Quantity Remarks (Yuan) Y’0000) 1. Traffic Facilities 92.00 1.1Tractor Road km 100000 2.6 26.00 1.2 Middle Bridge Place 150000 4 60.00 1.3 Minor Bridge Place 60000 1 6.00 2. Power Transmission and Transformation 22.13 Facilities 2.1 10KV High Voltage Line km 50000 2.5 12.50 2.2 380V Low Voltage Line km 27500 3.5 9.63 3. Broadcasting Line km 35000 1.3 4.55 4. Water Conservancy Facilities 197.00 4.1 Electrical Pumping Pier kw 1000 1660 166.00 4.2 Mountain Pond Place 30000 7 21.00 4.3 Channel km 40000 2.5 10.00 5. CATV Line km 35000 0.4 1.40 Total 317.08

11.4 Other Costs 1) Cost for survey, design and scientific research: The cost of required survey, planning, design and scientific research for land acquisition and resettlement design, is calculated to be RMB 0.9152 million yuan as 3% of the sum of the resettlement compensation fee and compensation investment on special facilities. 2) Implementation Management Cost: Including the routine management cost for resettlement implementation agency, such as salary, official business and evection, etc., it is calculated to be RMB 0.9152 million yuan as 3% of the sum of cost for resettlement compensation and compensation investment on special facilities. 3) Implementation Agency Initiation Cost: Including cost for official rooms, vehicles and equipment procurement and other required costs for the start-up and operation of the resettlement

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implementation agency, which is calculated to be RMB 0.3303 million yuan. 4) Technical Training Cost: Required cost for enhancing the production skills and cultural accomplishment of the rural resettlers and the management level of resettlement cadres. The cost is calculated to be RMB 0.114 million yuan as 0.5% of resettlement compensation investment. 5) Supervision and M & E Cost: Cost for resettlement comprehensive supervision, monitoring and evaluation. The cost is calculated to be RMB 0.4576 million yuan as 1.5% of the sum of the cost for rural resettlement compensation and compensation investment for special facilities. Through calculation, the other costs for the above-mentioned items total up to RMB 2.7550 million yuan.

11.5 Basic Contingency Fee The basic contingency fee is calculated to be RMB 2.8373 million yuan as 10% of the investment sum of resettlement compensation, compensation for special facilities and other costs.

11.6 Relevant Tax 1) Cultivated land occupancy tax: According to the statistical materials of Shaodong County in 2005, the cultivated land area per capita of agricultural population in the project area is 0.65 mu. According to Methods of Hunan Province for Implementing the Cultivated Land Occupancy Tax, for areas where the cultivated land area per capita is 0.5 mu~1 mu, the tax standard for paddy field, dry farmland and garden field is 4~8 yuan/ m2, 4 yuan/m2 is adopted here. The cultivated land occupancy tax is totally calculated to be RMB 2.5886 million yuan in this project. 2) Cultivation Fee for Cultivated Land: According to the XJF[2003] No.42 Document issued by Hunan Provincial Commodity Bureau and Hunan Provincial Financial Department, Shaodong County belongs to Grade II District, and the cultivation fee standard for cultivated land is: 11,000 yuan/mu for the paddy field and 7,000 yuan/mu for dry farmland. According to the relevant regulations in documents issued by the Ministry of National Land Resources, State Economic and Trade Committee and the Ministry of Water Resources A Notice about Relative Problems of Land Acquisition for Hydraulic and Hydroelectric Project (GTZF[2001] No.355), for the cultivated land acquisition of project which is mainly for flood control, water supply (including irrigation) profits, the cultivation fee can be charged as 70% of the floor level of cultivation fee of cultivated land regulated by the People’s Government of each province. Hereby, the cultivation fee standard for cultivated land is determined as 7,700 yuan/mu for paddy field and 4,900 yuan/mu for dry farmland. Through calculation, the cultivation fee for cultivated land totals up to RMB 6.0757 million yuan.

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3) Recovery Fee for Forest Vegetation: According to Temporal Methods for Expropriation, Utilization and Administration of Forest Vegetation Recovery Fee, the standards of the recovery fee for forest vegetation of timber forestland (unforested afforestation area) and shrubbery land are set at 6 yuan/m2 and 3 yuan/m2 respectively. The forest vegetation recovery fee in this project is totally calculated to be RMB 0.3746 million yuan. The above-mentioned relevant tax is calculated to be RMB 9.0389 million yuan in total. See Table 11.6-1 for details. Calculation Statement for Relevant Tax of Land Acquisition in Shaodong County Urban Flood Control Project Table 11.6-1 Item Unit Unit Price (yuan) Quantity Amount (In Y’0000) Remarks I. Cultivated Land Occupancy Tax 258.86 1. Cultivated Land 255.26 1.1 Paddy Field m2 4 419476.30 167.79 1.2 Vegetalbe land m2 10 45022.50 45.02 1.3 Dry Farmland m2 4 97115.20 38.85 2. Garden Land m2 6 6003.00 3.60 II. Cultivation Fee for Cultivated Land 607.57 1. Paddy Field mu 7700 628.90 484.25 2. Vegetalbe land mu 7700 67.50 51.98 3. Dry Farmland mu 4900 145.60 71.34 III. Forest Vegetation Recovery Fee 37.46 1. Timber Forest m2 6 3201.60 1.92 2. Shrubbery Land m2 3 118459.20 35.54 Total 903.89

11.7 Total Budget The total budget of compensation investment on land acquisition, demolition and resettlement in this project is RMB 45.6256 million yuan (the total investment excluding the relevant tax is RMB 36.5867 million yuan) and will be entirely listed into the total budget of the project and undertaken by the Shaodong PMO For details of total resettlement budget, see Table 11.7-1. Total Resettlement Budget in Shaodong County Flood Control Project

Table 11.7-1 Investment (In Item Sub-item Remarks Y’0000) I. Resettlement Compensation Fee 2733.49 1. Land Compensation 2117.61 2. Compensation for Houses and 520.23 Auxiliary Facilities 3. Compensation for Infrastructural 24.60

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Total Resettlement Budget in Shaodong County Flood Control Project

Table 11.7-1 Investment (In Item Sub-item Remarks Y’0000) Facilities 4. Relocation Transportation Fee 6.56 5. Compensation for Enterprises and 38.11 Institutions 6. Subsidies for Vulnerable Group 26.38 II. Compensation for Special 317.08 Facilities 1. Compensation for Traffic Facilities 92.00 2. Compensation for Power Transmission and Transformation 22.13 Facilities 3. Compensation for Broadcasting 4.55 Line 4. Compensation for Water 197.00 Conservancy Facilities 5. Compensation for CATV Line 1.40 III. Other Costs 275.50 1. Cost for Survey, Design and 91.52 3% of the sum of Item I and II Scientific Research 2. Implementation Management Cost 91.52 3% of the sum of Item I and II 3. Implementation Agency Initiation 33.03 Cost 4. Technical Training Cost 13.67 0.5% of Item I 1.5% of the sum of Item I and 5. M&E Cost 45.76 II 10% of the sum of Item I to IV. Basic Contingency Fee 332.61 Item III V. Total Investment (excluding tax) 3658.67 VI. Relevant Tax 903.89 1. Cultivated Land Occupancy Tax 258.86 2. Cultivation Fee for Cultivated Land 607.57 3. Forest Vegetation Recovery Fee 37.46 VII. Total Investment (including tax) 4562.56

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11.8 Annual Fund Use Plan The yearly investment plan of each resettlement compensation fee is worked out on the basis of resettlement progress arrangement. The annual fund use plan is arranged as follows: for the first year, RMB 26.7078 million yuan, accounting for 58.54% of the total investment; for the second year, RMB 15.8202 million yuan, accounting for 34.67% of total investment; and for the third year, RMB 3.0977 million yuan, accounting for 6.79% of total investment. For details of yearly fund use plan, see Table 11.8-1. Phased Investment Plan Statement Table 11.8-1

Total (In Item Sub-item 1st Year 2nd Year 3rd Year Y’0000) I. Resettlement Compensation

Fee 2733.49 1584.96 1148.53 1. Land Compensation 2117.61 1270.57 847.04 2. Compensation for Houses and 520.23 260.11 260.12 Auxiliary Facilities 3. Compensation for Infrastructural 24.6 12.3 12.3 Facilities 4. Relocation Transportation Fee 6.56 3.28 3.28 5. Compensation for Enterprises and 38.11 22.87 15.24 Institutions 6. Subsidies for Vulnerable Group 26.38 15.83 10.55 II. Compensation for Special 317.08 126.83 190.25 Facilities 1. Compensation for Traffic Facilities 92 36.8 55.2 2. Compensation for Power Transmission and Transformation 22.13 8.85 13.28 Facilities 3. Compensation for Broadcasting 4.55 1.82 2.73 Line 4. Compensation for Water 197 78.8 118.2 Conservancy Facilities 5. Compensation for CATV Line 1.4 0.56 0.84 III. Other Costs 275.5 55.1 110.2 110.2 1. Cost for Survey, Design and 91.52 18.3 36.61 36.61 Scientific Research 2. Implementation Management Cost 91.52 18.3 36.61 36.61 3. Implementation Agency Initiation 33.03 6.61 13.21 13.21 Cost 4. Technical Training Cost 13.67 2.73 5.47 5.47 5. M & E Cost 45.76 9.15 18.3 18.3 IV. Basic Contingency Cost 332.61 133.04 199.57

163 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Phased Investment Plan Statement Table 11.8-1

Total (In Item Sub-item 1st Year 2nd Year 3rd Year Y’0000) V. Total Investment (excluding 3658.67 1766.89 1582.02 309.77 tax) VI. Relevant Tax 903.89 903.89 1 Cultivated Land Occupancy Tax 258.86 258.86 2. Cultivation Fee of Cultivated Land 607.57 607.57 3. Forest Vegetation Recovery Fee 37.46 37.46 VII. Total Investment 4562.56 2670.78 1582.02 309.77 (including tax)

11.9 Fund Flow

The compensation fund shall be paid and used according to the compensation policies and standards determined in the resettlement activity plan. The funds shall be appropriated under the supervision and management of the internal monitoring agency and checked by the external monitoring agency. Shaodong County PMO will sign Contract Agreement of Resettlement Task Investment in Shaodong County Urban Flood Control Project with County Project RO, and make the payment for compensation fee stipulated in the agreement to Municipal RO via the bank in batches according to resettlement implementation progress. County Project RO then appropriates in classifications according to construction projects: 1) Land Acquisition: County Project RO sign Agreement of Land Acquisition Compensation and Attachments on Field with townships (management section) and villager committees affected by the project. The payment of compensation funds shall be paid to the Township (management section) Resettlement Office by County Project Resettlement Office via the bank according to the compensation items, quantity, time and expenses regulated in Agreement of Land Acquisition Compensation. Then the Township (management section) Resettlement Office pays the villager committee or villager’s group. The relative villager committee uses the land compensation fee for developing the production. The resettlement subsidies shall be paid to the rural collectivity. Then the rural collectivity will pay the resettlement subsidies to institutions or individuals according to resettlement scheme. Compensation fee for the attachments on field will be paid to the owner through the villager committee. 2) Residential Houses: County Project RO will sign Agreement of Demolition Compensation for Project Resettlement Families with the involved and affected demolition resettlement households according to the following contents as basic conditions of the demolished houses, compensation

164 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

amount, subsidies, payment mode and deadline, and demolition time limit, etc. The compensation fund is appropriated directly to the affected households by County Project RO. 3) Non-residential Houses: County Project RO will sign agreements with the relocatee on the contents of compensation standard, resettlement mode and demolition time limit, etc. The compensation fund is appropriated directly to the relocatee by County Project RO. 4) Compensation Fee for Public Infrastructural Facilities: County Project RO sign the Agreement of Compensation for Public Infrastructure with the project-affected township (management section) and the villager committee, or the Contract of Resettlement Project Construction with the construction unit directly. The compensation fund shall be paid to the relative townships, the villager’s groups and the undertaking units in batches according to the stipulations of the contractual agreement. 5) Special Facilities: County Project RO will sign Agreement of Compensation for Rehabilitation and Rebuilding of Special Facilities with each special department. Compensation investment on rehabilitation and rebuilding of the special facilities is paid to each special department in charge by County Project RO via the bank. For details of resettlement compensation fund flow of this project, see Fig. 11.9-1.

11.10 Fund Appropriation 11.10.1 Appropriation Principle 1) All the expenses related to land acquisition demolition will be listed into the project engineering total budget, and compensation fees for land acquisition demolition and other expenses will be paid by PMO via County (District) RO to the relevant units and individuals; 2) The land acquisition fees will be paid by County (District) RO via the bank to the administrative villages, which will use them in principle for production rehabilitation of the villagers’ groups that are directly affected by the project or absorb the resettlers; 3) The compensation fees for the resettlers’ houses will be paid by the County (District) RO to the resettlement households before their building houses. If the compensation fee for houses will be paid by installment to the resettlers, the last sum of amount shall be paid to them before the completion of building houses; 4) The land compensation fee will be paid three months before the acquisition of the land. 5) In order to ensure the smooth implementation of resettlement of land acquisition demolition, the project office shall establish finance and supervision organs at various levels, so as to ensure the timely appropriation of all the funds in place.

165 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

11.10.2 The Organ in Charge of Resettlement Finance 1) The organs in charge of compensation fund for the rural land acquisition are the County (District) RO, LAB, special finance organ under town (township) and village committee. 2) The organs in charge of compensation fund for rural housing demolition and special facilities are the special finance organ under the County (District) RO. 3) For the resettlement fund, carry out the level-by-level appropriation mechanism from the above to below. The organs at the various levels will strictly carry out the financial settlement and auditing system, examine and report the fund fulfillment and utilization to the higher level at the fixed time, and put forward the rectification and remedy measures to unexpected conditions, so as to ensure the appropriation and utilization of the fund as planned. 4) Ensure the resettlement fund in exclusive use. No permission for the holdback by any intermediate organs or misappropriation for other purposes.

166 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Land Compensation Fee County PMO County Project RO Township (management Villager Committee or Villager’s Group section) RO

Resettlement Subsidies County PMO County Project RO Township (management Villager Committee or Villager’s Group section) RO

Compensation Fee for Young County PMO County Project RO Township (management Villager Resettlement Crops section) RO Committee Household

Compensation Fee for County PMO County Project RO Township (management Relocatee Residential Houses and Auxiliary section) RO Household

Relocation Subsidies County PMO County Project RO Township (management Relocatee Household or the Relevant Unit section) RO

Compensation Fee for Scattered County PMO County Project RO Township (management Owner Trees section) RO

Compensation Fee for County PMO County Project RO Construction Unit Infrastructural Facilities

Non-residential Production and County PMO County Project RO Relocatee Business Shutdown Loss Fee

Non-residential Relocation County PMO County Project RO Relocatee Subsidies

Resettlement Compensation Fee Compensation Fee for Special County PMO County Project RO Department in Charge of the Construction Facilities Special Facilities Unit

Subsidies for Vulnerable Group County PMO County Project RO Township (management Vulnerable section) RO Group

Planning and Design Cost County PMO Resettlement Design Unit

M&E Cost County PMO M & E Unit

Technical Training Cost County PMO Technical Training Unit

Implementation Management County PMO Resettlement Implementation Organ at Various Levels Cost

Fig.11.9-1 Fund Flow Chart of Resettlement Compensation in Shaodong County Urban Flood Control Project

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12. Resettlement Progress Arrangement

The schedule of resettlement progress arrangement should be worked out in terms of the construction contents, works quantities, time limit, resettlement objects and modes, and other factors. 12.1 Principles of Resettlement Progress Arrangement 1) For the rural resettlers’ land acquisition demolition, at the time of arranging the implementation progress, houses within the range of land acquisition demolition, in collaboration with the characteristics of agricultural production, should be arranged in slack season as much as possible, so as to minimize impact on agricultural production. 2) Demolition of the resettlers’ houses shall be phased, but should be finished before the commencement of each bid section works; 3) Notify the resettlers whose houses are required to be demolished at least 3 mouths ahead of time, and give them at least 2 months to build new houses from the notified date to the ultimate time limit of demolition. Those affected persons may live in their former houses until completion of the new ones; 4) House building time should be arranged according to the schedule of project, and could be prolonged if necessary; 5) To minimize impact on resettlers’ livelihood, the public and infrastructural facilities should be completed at least 20 days before constructing houses for resettlement. 6) To lessen the effect on reconstructed special facilities, its reconstruction should be arranged in phase of completing each bid section works. 7) Resettlers’ training should be carried out four times in slack season with each time lasting 5 days, and start respectively when agricultural production resettlement goes through its 1/3 course and at its ending. 8) Demolition and re-establishment of enterprises and public institutions should be arranged by their principal departments in accordance with project schedule.

12.2 Progress Plan 12.2.1 Resettlement Implementation Progress Plan According to the Preliminary Design Report on Hunan Shaodong County Urban Flood Control Project under ADB Loan prepared by Hunan Hydro and Power Design Institute, the total construction period of this subproject will be 34 months, including preparation period before August of the first year.

168 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

July of the third year. Among them, September of the first year to April of the second year will be used for the 3.969-km-long embankment (6+372~2+403) from Tangjiaba to County’s Pencil Factory in Liangshitang Protection Circle, the slope and bank protection works; the Tangjiaba, Dongjiawan and Huangpichong Sluices, the Huangpichong Electrical Drainage Station, and the Jinlong Flood Diverging Canal. September of the second year to April of the third year will be used for the embankment (0+000~2+403) from Matouling to County’s Pencil Factory in Liangshitang Protection Circle and corresponding slope and bank protection works, the Dahetian Sluice works, the drainage ditch at Tangjiaba and the flood diverging canal at Majiawan, as well as for the embankment (0+000~2+321) in Meiling Protection Circle and corresponding slope and bank protection works and Meiziba Sluice works. September of the third year to March of the fifth year will be used for the embankment in Xinglong Protection Circle, the slope and bank protection works, and Jiangjiatai and Pengjia Sluices works. April to May of the fifth year will be used for winding-up works. 12.2.2 Resettlement Implementation Schedules According to construction design and organization, land acquisition and resettlement should be completed in advance to ensure civil works could proceed in accordance with the project design schedule, which is the basis for formulating the resettlement implementation schedule. 1) Detailed resettlement survey will be implemented in March and April of 2006; 2) Resettlement Plan is prepared and submitted to ADB in June 2009; 3) Determine the external monitoring and evaluation agency in the end of June 2009, and sign compensation agreements with affected parties in August 2009; 4) Land acquisition, relocation and rehabilitation program for different sections of embankments from August 2009 to June 2010; 5) Restoration of affected infrastructures for different sections of embankments from October 2009 to April 2010; 6) Resettlement job training and resettlement staff training program in September 2009; 7) Preparation and submission of internal and external resettlement monitoring and evaluation reports in July and December every year; 8) The acceptance of resettlement works will be carried out in August 2010; and resettlement completion report will be carried out in September 2010. Detailed implementation schedule is shown in the Table 12.2.2-1:

169 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Table 12.2.2-1 Implementation Schedule for Land Acquisition and Resettlement of Shaodong County Urban Flood Control Project

2006 2007 2008 2009 2010 Activities 13579111357911123456789101112123456789101112123456789101112

Detail Impact Survey Consultation with Aps Resettlement Plan Preparation D istribute R IB RP Approval by LPMO

Submit to ADB Capacity Building Efforts Selection of M&E Agency Sign Compensation Contracts Relocation Plan (Disburse funds, site leveling, house construction) Rehabilitation Plan (Disburse funds, land and non-land based rehabilitations) Infrastructures Restoration Resettlement Training Program Implementation of M&E Resettlement work acceptance Resettlement Completion Report

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Appendix 1: Resettlement Information Booklet

1. Project Background The areas in Hunan Province, which are brought into this urban flood control project, are limited to the cities above county grade in hilly sections with relatively serious flood disaster. All the cities are considered as the areas with developed economy, dense population and centralized wealth. If the cities are submerged, the loss will be great, and the economic development will be supportless. At present, the urban flood control standard in the project area is low. Flood disaster happens in successive years, seriously restricts the urban economic development and affects the live and property safety of urban people. For Shaodong County, as the sub-project city of the urban flood control project under ADB loans, its flood and waterlogging control capacity can be absolutely improved through the project implementation. The flood control standard will be enhanced from the current 2-to-3-year occurrence to 20-year occurrence; and the waterlogging control will be enhanced from the current 2-to-3-year occurrence to 10-year occurrence. That can greatly reduce the urban flood control burden of Shaodong County and benefit the normal social development. The main engineering measures involved in land acquisition and relocation of Shaodong County Urban Flood Control Project are: reinforcing and new-building of embankment, re-new, reconstruction and new-building of culvert sluices and power allocation station, and there also is temporary land acquisition as project construction site and borrow area, etc. The sareas in the project land acquisition, with the residents’ production and living seriously affected by the project construction, are considered as the affected range of the project land acquisition and relocation. The final land acquisition and relocation range may be partially adjusted with the deepening of the designed depth. However, due to detailed survey conducted, such adjustment will be very limited and final scope of impact figures will not expect any major changes. 2. Project Affected Area and Quantity According to the investigation, the project land acquisition and relocation affect 14 village (residential) committees and 39 villager’s groups in two towns of Shaodong County. In which, there are various project land acquisition of 871.22 mu (including cultivated land of 842 mu, occupying 96.65%); project temporary land of 444 mu (including paddy field of 111 mu, timber forest land of 177.56 mu, shrubbery forest land of 155.44 mu); project relocated residential and non-residential houses of 13666 m2 (including brick concrete structure of 12241m2, occupying 89.57%; brick-wood structure of 540 m2, occupying 3.95%, simple structure of 885m2,occupying 6.48%). The number of resettlement families

171 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

affected by relocation is 26 households. 3. Resettlement Plan The project resettlement plan is organized and guided by Key Project Office of Water Resources Department of Hunan Province and the local People’s Governments of various grades; and is compiled by the technical assistance professionals according to particular affection investigation, on the basis of sufficiently soliciting the villagers’ opinions. To execute the principle of “Resettlement for Development”, adopt the rehabilitation strategy of: “basing on the land and agriculture” for the resettlement plan. Through re-adjusting and developing the big-shed vegetable , livestock breeding and developing second, third industries, the resettlement plan offers the production basis for short-term livelihood ensurence and long-term developing potential, which will combine the resettlement, rehabilitation and the regional economic development brought by this project, and make the resettlers’ livelihood reach or surpass the living level before resettlement. 4. Policy Bases and Objectives of Resettlement Plan 4.1 Policy Bases 1) Land Administration Law of the People’s Republic of China (NO.8 Decree by Chairman of the PRC issued on August 29, 1998, starting implementation since January 1, 1999) 2) Implementation Regulations for the Land Administration Law of the People’s Republic of China (NO. 256 Decree by the State Council of the PRC issued on December 27, 1998, starting implementation since January 1, 1999) 3) Houses Demolition Administration Regulations of the PRC (NO. 305 Decree by the State Council of the PRC issued on June 13, 2001, starting implementation since November 1, 2001) 4) A Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (The GF [2004] NO.28 issued by the State Council on October 21, 2004) 5) Land Acquisition Compensation and Resettlement Regulations for Large/Medium Hydro & Power Engineering Construction (the 471st State Council Decree of the PRC, issued on July 07, 2006) 6) A Directive about Perfecting the Compensation Resettlement System for Land Requisition (The GTZF [2004] NO.238 issued on November 3, 2004) 7) Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China (approved by 14th congress of the Standing Committee of 9th People's Congress Council of Hunan Province on March 31, 2000) 8) Methods of Hunan Province for Implementing the Urban Houses Demolition Administration Regulations(NO. 157 Decree by the People’s Government of Hunan Province issued on July 12, 2002, starting implementation since September 1, 2002)

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9) Notice on Issuance of Standard for Annual Production Output of Acquired Land in Hunan Province (XZBF No.[2005]47) 10) Resettlement Policy by ADB: Resettlement Handbook—Feasible Practice Guide 4.2 Policy Objectives 1) Avoid or reduce to the minimum the tangible material quantity of land acquisition relocation and resettlement by adopting measures of engineering, technique and economy, etc.; when the land acquisition is unavoidable, effective measures shall be adopted to best reduce the affection caused by the land acquisition relocation to the production and livelihood of local residents. 2) In the preparation period of this project, process the social economic investigation and compile corresponding resettlement plan; 3) Resettlement shall be on the basis of relocation tangible material indexes and compensation standards, to aim at improving or at least recovering the original living level of the resettlers; 4) Advocate resettlement of development. The rural resettlement shall adopt the policy of: making the land as the basis, depending on the second and third industries of the local area to widen the employment access; 5) Encourage the affected personnel to participate in the resettlement plan; 6) The resettlers shall be considered in priority to be resettled in the original community; 7) The resettlers and original residents in the resettlement area will get benefit from the project. 4.3 Compensation Standards 4.3.1. Rural Houses and Attachments 1) The compensation of all the houses shall be obtained according to replacement value, and no depreciation charge is allowed. The material consumption of house construction is determined by the relevant quota from Quota Manual of Architecture and Construction. The price of materials is determined through analysis of actual budgetary material price in Shaodong County. For compensation for attachments, refer to that for similar project. 2) Resettlement institution shall help the rural relocatees to move into the new house, and each person shall get the compensation for infrastructures, including water drinking and lighting, etc. Such compensation should be based on topographical condition and followed the relevant provincial regulations. 3) The moving allowance for the relocates should include moving expense, living subsidy, transfer allowance for temporary housing, and secondary moving expense. The actual expense will be based on distance of moving and length of transfer period. 4) Effective measures shall be employed by the resettlement institution in the course of implementation to help the vulnerable (the old, the handicapped, the weak and woman-headed

173 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

households).

4.3.2. Non-Residential Structures 4.3.2.1 Enterprises and Institutions 1) For all non-residential structures, the basic rehabilitation strategy is the cash compensation. The compensation should follow the compensation standards for urban housing structures at replacement value without depreciation. 2) Moving allowance for non-residential structures under enterprises and institutions should be based on amount of floor spaces. 3) Equipment Compensation for affected enterprises includes compensation for dismantling, reinstallation and debugging of affected equipments. 4) The enterprises or institutions that will be affected with their normal operation will be provided with compensation for the loss of their production during interruption. The compensation for production interruption should not be more than 6 months. 4.3.3 Land Acquisition and Occupation 4.3.3.1 Stated Owned Land 1) For affected urban industrial land, they will obtain through land use right purchase. The compensation will follow similar land acquisition and rehabilitation practice in Shaodong County. 2) For affected urban residential structures, they will adopt cash compensation method. The part of land compensation will be based on market appraisal value. 3) For the acquired urban waste land such as river bed and unutilized land, they will be allocated to the project use without compensation. 4.3.3.2 Collectively Owned Rural Land 1) For the acquired rural land or cultivated land, the affected villages will be provided with land compensation and resettlement subsidy. In addition, for thouse villages with adequate land holding, they will carry out land readjustment so that all affected people could get sufficient farmland or production means. While land compensation and resettlement subsidy will be used by the affected village groups. For those village groups with limited land holding, and could not carry out land readjustment, the affected people will receive full resettlement subsidy and at least 75% of land compensation. The remaining land compensation will be used by village group collectively. 2) The average annual output value for the acquired farmland will follow A Notice about Issuing Hunan Provincial Land Acquisition Annual Output Value Standard (XZBF (2005) No.47); and compensation multiples will follow relevant national laws and provincial regulations such as PRC Land Administration Law, Methods of Hunan Province for Implementing the Land Administration

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Law of PRC and Land Acquisition and Resettlement Regulation for Large and Medium Water Resources and Hydor Project. The land compensation will be set at 10 times of AAOV and resettlement subsidy will be set at 6 times of AAOV. For acquired fruit garden, residential plot, and other rural lands, the compensation will follow relevant regulations for adequate compensation. 4.3.3.3 Temporary Land Occupation 1) Compensation for temporary land occupation includes compensation for green crop, compensation for land occupation, and compensation for land restoration. The length of temporary land occupation will be 2 years. If the temporary land occupation exceeds 2 years, temporary land occupation should be re-applied. 2) Compensation for land occupation will be mainly used to compensate the total outputs lost during the land occupation, which will be based on original average annual output value and length of land occupation. 3) When temporary land occupation is completed, the occupied land areas should be restored and returned to the affected villages. For the affected dry farmland, they should be restored into original condition and cost of land restoration should be based on actual cost. 4.3.4 Special Infrastructure Facilities For the affected different types of infrastructure facilities, they will be rehabilitated or reconstructed based on actual conditions, and original scale and functions. Based on amount of investment for different affected infrastructure facilities, the project sponsor will provide compensation to the relevant department agencies in charge of these facilities and organize the implementation. 4.4 Payment of Compensation Fee 1) The relocation compensation for land acquisition and other costs will be paid to the affected collectivities and individuals by the project Office through the county’s resettlement Office; 2) Compensation for houses will be paid before the resettlers start building; in case of paying in terms, the final expense shall be paid before the building completion; 3) The compensation for land and other facilities shall be paid to the relevant communities and individuals before land acquisition. 4.5 Rehabilitation Strategy For the land acquisition affection, the economic rehabilitation will be processed on the basis of the rehabilitation schemes in the village area such as land adjustment, or the compensation fee can be directly paid to the affected individuals for development of big-shed vegetable and livestock breeding. For the relocated families, they will get resettlement of centralized property right transposition with cash compensation. 4.3.6 Compensation Policy and Unit Price

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For the policies on land acquisition and resettlement and unit price of each compensation item, see the table below: Table of Relocatee Rights and Interests of Shaodong County Urban Flood Control Project

Compensation Standards (yuan/unit) Affected Type Affected Object Policy of Land Acquisition and Resettlement Standard Compensation (fluctuant Item amplitude) Urban Rolocatee 1. The compensation of all the houses shall be obtained Housing Compensation residential according to replacement value, and no depreciation charge is 425 yuan/m2 Brick Concrete house and allowed. Available materials belong to the relocatees, and they (385～465) accessorial also can use them to build new house. These compensation 338 yuan/m2 Brick wood building rates will be used by the resettlement office as the lowest limit. (306～372) The implemented compensation rates will be based on actual Simple 80 yuan/m2 appraised values in the project areas. Structure 2. Resettlement institution shall help the relocatee to move into Auxiliary Facilities the new house, and each person shall get 1500 yuan for Cement Sunny resettlement site leveling, water drinking and lighting. 25 yuan/m2 Field 3. The resettlement plan respects the idea of the majority of Well 300 yuan/set relocatees. The cash compensation and centralized property right replacement mode is mainly adopted by the affected Infrastructure Compensation Site-leveling, relocatees, and evaluation and compensation for the moved 1500 drinking and houses are carried out on the basis of replacement. Before the yuan/person completion of new house, the relocatees can live in their lighting original houses and they shall not be forced to move before Demolition Subsidy 100 the stipulated date. Moving charge 4. For the urban residential houses that are compensated yuan/person according to the mode of cash resettlement in principle, the Living 50 land portion is compensated as 70 yuan per square meter, and allowance yuan/person compensation standard for the structure complies with the Temporary 150 house subsidy yuan/person

176 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Table of Relocatee Rights and Interests of Shaodong County Urban Flood Control Project

Compensation Standards (yuan/unit) Affected Type Affected Object Policy of Land Acquisition and Resettlement Standard Compensation (fluctuant Item amplitude) replacement value. 5. For the construction area of property-right-exchange compensation equal to original construction area of relocated houses, its relevant account will not be settled as price difference; the overage area within 15% of the original area shall be paid by the relocatee as per the compensation price; the other overage area shall be paid by the relocatee as per the floor factor, which is limited within 20% of the original house price. 6. Relocatee shall get the notice three months before the construction of new houses, and they shall have at least two to three months to build the house. Discuss the arrangement of house building time fully with the relocatee in village and town, and it is better to arrange it in slack season. Moving and transfer allowance will be considered including moving cost, living allowance, medical expense, temporary house transfer and second-time moving charge. And the transfer period is Second 100 three months. moving charge yuan/person 7. Effective measures shall be employed by the resettlement institution in the course of implementation to help the vulnerable (the old, the handicapped, the weak and woman-headed households): the subsidy of building new houses for specially poor family is 3000 yuan per household, the living allowance for the vulnerable family is 600 yuan per person. And the Township (Town) Committee and Village Committee shall assist them to build the house and help them move into the new house by consulting them. 8. Compensation fee for house shall be paid to the relocatee before the construction of new house. If the installment plan is adopted, the final cost shall be paid to them before the completion of new house. 9. The resettler can lodge appeal for any aspects of the resettlement, including the compensation standard. No expense shall be paid to the organ dealing with resettlers’ appeal. Non-residential Enterprises Owner 1. All enterprises and institutions affected by the project Housing Compensation house and its and of are planned to be relocated and rebuilt by themselves, 355 yuan/m2 Brick Concrete accessorial Institution Title and the PMO shall discuss with the related units about the (310～380) buildings compensatory standard and relocating and rebuilding Simple 80 yuan/m2 time. All the costs needed by the construction shall be Structure listed into the general budgetary estimate of the project All non-residential house and its and be paid by the PMO 4 months before the accessorial buildings shall be commencement of corresponding project. Labor compensated as per the resettlement in the course of resettlement shall be paid in standards for urban residential unpredictable costs by the PMO. house and its accessorial 2. All the non-residential houses are compensated according facilities. to the mode of cash resettlement in principle. The Demolition 2 25 yuan/m2 compensation for land is 150 yuan/m and is listed in the subsidy compensation for industrial land. The compensation standard Compensation for Loss of for structure shall be executed with reference to the Business Suspension

177 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Table of Relocatee Rights and Interests of Shaodong County Urban Flood Control Project

Compensation Standards (yuan/unit) Affected Type Affected Object Policy of Land Acquisition and Resettlement Standard Compensation (fluctuant Item amplitude) replacement values of the urban residential houses, and no depreciation will be deducted. These compensation rates will be used by the resettlement office as the lowest limit. The implemented compensation rates will be based on actual appraised values in the project areas. 3. Moving allowance for enterprises and institutions during the course of relocation is calculated at 25 yuan/m2 according to the area of non-residential house needed to be removed. 6 Brick concrete 4. The compensation of production equipment of enterprises yuan/m2·month removing at this stage will be paid as 10% of repurchasing price for the cost of disassembly, installation and debugging. 5. For the enterprise or institutions affected during the demolishment, the compensation for their loss of business suspension should be paid according to the actual influence. In principle, the business suspension days are limited within 3 months. 1. The paid transfers of land ownership are adopted to 100000 Industrial land industrial land within project range. Its compensation standard yuan/mu is 150 yuan/m2. Residential 46690 2. Urban residential land acquisition in project area shall be Permanent land yuan/mu compensated according to the mode of cash resettlement. Land State-owned Land Among them, the land portion is compensated as per 70 Acquisition yuan/m2. Other land Free transfer 3. In the project, for the land acquisition of other stated-owned land such as urban unused land or flood land, the free transfer is adopted to obtaining ownership of state-owned land. Permanent Collectively- owned 1. For the project construction land acquisition, the village shall 22517 Paddy Field Land land obtain the land compensation cost and resettlement subsidy yuan/mu Acquisition paid by the land acquisition unit; and relocatee will obtain 15498 Dry Farmland young crop cost and ground adhesion matter compensation yuan/mu cost an so on; What’s more, If the land adjustment or the land Market 41162 reclamation is carried out inside the villager’s group to make Vegetable land yuan/mu the affected farmers by land acquisition obtain land or other 20076 Garden land means of production, the land compensation fee and the yuan/mu resettlement subsidies should be controlled for utilization by 21968 Pond the villager’s group collective. On the contrary, if there is no yuan/mu

178 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Table of Relocatee Rights and Interests of Shaodong County Urban Flood Control Project

Compensation Standards (yuan/unit) Affected Type Affected Object Policy of Land Acquisition and Resettlement Standard Compensation (fluctuant Item amplitude) possibility to carry out land adjustment or land tidying or development, and the relocatee has not got any production materials, the village group shall pay not less than 75% of the land compensation fee and resettlement subsidy to them. The resettlement subsidy is managed and used by the whole village group. 2. Land compensation fee and resettlement subsidy shall be used in the livelihood rehabilitation of relocatee in the project construction, such as construction of farmland water conservancy facility, rebuilding of rural infrastructure and adjustment of agriculture structure and so on. 3. The compensation standard for cultivated land acquisition is calculated based on the average output value per mu of the previous three years before the land acquisition. Timber 10160 Compensation of cultivated land acquisition and multiple of woodland yuan/mu resettlement subsidy shall be in accordance with the quantity of per capita cultivated land area before the land acquisition in project area, and shall be determined according to Land Administration Law of the PRC and Methods of Hunan Province for Implementing the Land Administration Law of PRC. Requisition of garden land, villagers’ housing plot and other unused land shall be compensated properly with reference to the stipulation of cultivated land acquisition. 4. The land compensation fee shall be paid to the village collective unit or land contractor before the land acquisition. 5. Land redistribution shall be carried out in slack season. And for all the farmers lost the land because of the project, they will acquire new land through land redistribution. 1. The compensation fee for temporary land includes young Dry Farmland 5821 yuan/mu crops cost, land loss compensation cost and reclamation cost. Timber 1647 yuan/mu Time limit of the temporary land is set at two years. woodland 2. The compensation fee for land loss is mainly used for compensating total amount of output or income of landowner from the original land. And the compensation fee for land loss shall be determined according to the annual output value and Temporary occupation time: dry farmland is 1890 yuan/mu, timber Land Contractor woodland is 1098 yuan/mu and shrub land is 824 yuan/mu; Acquisition young crop costs are as follows: dry farmland is 378 yuan/mu, Shrub Land 1236 yuan/mu timber woodland is 579 yuan/mu and shrub land is 412 yuan/mu. 3. After the construction, the land occupied shall be rehabilitated and returned to the village affected by the project. Temporarily-occupied dry farmland shall be reclaimed and the reclamation cost is 3553 yuan/mu. Special All the special facilities affected by the project shall be 100000 Owner of Title Tractor road Facilities rehabilitated and rebuilt according to the actual conditions yuan/km affected by the project, original standard, scale and function. 150000 Medium bridge The PMO shall plan the investment according to the yuan/set rehabilitation plan, and supply proper compensation funds for 60000 Small bridge each department in charge of special facility to organize the yuan/set implementation. 10kV high 50000 voltage line yuan/km 380V low 27500 voltage line yuan/km Electric Irrigation 1000 yuan/kw Station 30000 Pool yuan/km

179 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Table of Relocatee Rights and Interests of Shaodong County Urban Flood Control Project

Compensation Standards (yuan/unit) Affected Type Affected Object Policy of Land Acquisition and Resettlement Standard Compensation (fluctuant Item amplitude) 40000 Channel yuan/km Broadcasting 35000 line yuan/km Post and 35000 communication yuan/km line

5. Responsible Institution for Resettlement To ensure the successful and effective implementation of the resettlement plan, institution net-work will be set in government of various grades to benefit for being responsible for planning, coordinating, implementing and monitoring the resettlement activities. The institutions set or involved in the land acquisition and relocation of this project are: 1) Provincial Project Resettlement Leading Group 2) Provincial Project Resettlement Office 3) County Project Resettlement Leading Group 4) County Project Resettlement Office 5) Township (Sub-District) Resettlement Office 6) Village Committee or Residential Committee 7) External Individual M&E Institution 6. Appeal Disposal The resettlement plan is considered for the affected area of the overall project and generally planned for the resettlement scheme. In the implementation, it may arouse the resettlers’ complaints because of the changing of the actual situation and the deviations in operation. To effectively resolve these problems for successfully implementing the project construction and land acquisition, the open and effective appeal channel has been established. 1) Appeal Channel Offices for citizens’ complaint letter and visit (including resettlement), which can receive, investigate and process the common appeal problems of resettlers’ appealing to higher authorities for help, are established in the county (city), city and province of the resettlers. The resettlement management institutions which are set up according to the laws, have the grade-to-grade authority, from the province, city to county, to supervise the subordinate for whether processing the resettlement according to the laws; can process the appeal affairs of the resettlement.

180 Shaodong County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Independent Resettlement M&E Institution supervises the resettlement implementation according to the relative national regulations and is responsible for protecting the legal right and benefit of the resettlers; and can process and reflect to the relevant department the appeal problems of right injuria for the resettlers; Jural departments of administration supervision, audit, disciplinary inspection, judicial administration, inspection are established in various grades of State, province, city and county. They can process the cases about irregularity and principle violation appealed by the resettlers. 2) Appeal Procedures If the resettlers are not satisfied with the resettlement, they can reflect to the village (residential) committee, who can consult directly with the local resettlement Office for solvation, or can appeal to the superior resettlement Office in oral or written form. After receiving the appeal, the superior resettlement Office will take that on record, research and resolve the problem with the village committee and local resettlement Office within 10 days. In case of encountering with confliction and dispute which cannot be resolved by consultation, the villager committee can appeal to the administration institutions (such as the project Office, resettlement administration institutions, resettlement monitoring institutions, Office for citizens’ complaint letter and visit, administration inspection and disciplinary inspection, etc.) with domination authority grade by grade in appeal channel according to Administration Appeal Law of the PRC. In case of refusing to accept as final, the committee can appeal to People’s Court directly. The resettlement Office shall be responsible for keeping all the appeal problems and resolving courses on the file.

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