Regulations on Land Requisition Compensation and Resettlement for Large and Medium-sized Water Conservancy and Hydropower Projects (revised in 20 13)

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Land Management Law of the People's Republic of China and the Water and Soil Management Law of People's Republic of China (PRC) in order to do a good job in land acquisition compensation and resettlement of large and medium-sized water conservancy and hydropower projects, safeguard the legitimate rights and interests of migrants and ensure the smooth progress of project construction. Article 2 These Regulations shall apply to land requisition compensation and resettlement for large and medium-sized water conservancy and hydropower projects. Article 3 The state implements the policy of development immigration, and adopts the method of combining early compensation, subsidy and late support to make the life of immigrants reach or exceed the original level. Fourth large and medium-sized water conservancy and hydropower project construction land acquisition compensation and resettlement shall follow the following principles:

(a) people-oriented, to protect the legitimate rights and interests of immigrants, to meet the needs of the survival and development of immigrants;

(two) the overall situation, obey the overall arrangement of the state, taking into account the interests of the state, the collective and the individual;

(3) Saving land, rationally planning the project area and controlling the scale of immigration;

(4) Sustainable development, coordinated with comprehensive development and utilization of resources and protection of ecological environment;

(five) according to local conditions, overall planning. Article 5 The management system of government leadership, graded responsibility, county-based and project legal person participation shall be implemented in the resettlement work.

The State Council water conservancy and hydropower project resettlement management agency (hereinafter referred to as the State Council resettlement management agency) is responsible for the management and supervision of large and medium-sized water conservancy and hydropower project resettlement.

The local people's governments at or above the county level shall be responsible for organizing and leading the resettlement of large and medium-sized water conservancy and hydropower projects within their respective administrative areas; The immigration management institutions stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the management and supervision of large and medium-sized water conservancy and hydropower project immigrants within their respective administrative areas. Chapter II Resettlement Planning Article 6 For large and medium-sized water conservancy and hydropower projects for which a project legal person has been established, the project legal person shall prepare an outline of resettlement planning, and submit it to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the immigration management agencies of the State Council for examination and approval according to the examination and approval authority; Before examination and approval, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the immigration management agencies of the State Council shall solicit the opinions of the local people's governments at or above the county level in the resettlement areas.

For large and medium-sized water conservancy and hydropower projects without a project legal person, the competent engineering department shall, jointly with the resettlement areas and the local people's governments at or above the county level, prepare an outline of resettlement planning, and report it to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the immigration management agencies of the State Council for examination and approval according to the examination and approval authority. Article 7 The outline of the resettlement plan shall be compiled according to the results of the physical investigation of the occupied and submerged areas of the project, as well as the economic and social conditions and the carrying capacity of resources and environment of the resettlement areas.

The physical investigation of the project area and submerged area shall be conducted by the competent engineering department or the project legal person in conjunction with the local people's government of the project area and submerged area; The physical investigation shall be comprehensive and accurate, and the results of the investigation shall be signed by the investigator and the respondent and publicized, and then signed by the relevant local people's government. Before the physical investigation begins, the provincial people's government where the project covers an area and inundates the area shall issue a notice prohibiting new construction projects and personnel from moving into the area, and make arrangements for the physical investigation. Article 8 The outline of resettlement planning mainly includes the tasks, whereabouts, standards, production and resettlement methods of rural migrants, the evaluation and prediction of living standards after resettlement, the support policies for reservoir resettlement, the principle of delineating the affected areas above the submerged line and the principle of compiling resettlement planning. Article 9 The opinions of immigrants and residents in resettlement areas shall be widely listened to when compiling the outline of immigration planning; When necessary, a hearing shall be held.

The approved outline of immigration planning is the basic basis for the preparation of immigration planning, which must be strictly implemented and may not be adjusted or modified at will; If it is really necessary to adjust or modify, it shall be reported to the original approval authority for approval. Article 10 If a project legal person has been established, the project legal person shall prepare the resettlement plan according to the approved outline of the resettlement plan; If a project legal person is not established, the competent department of the project shall, jointly with the resettlement areas and the local people's governments at or above the county level in the resettlement areas, prepare the resettlement plan according to the approved outline of the resettlement plan.

Resettlement planning for large and medium-sized water conservancy and hydropower projects shall be examined by the resettlement management agencies of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the resettlement management agencies of the State Council in accordance with the examination and approval authority, and submitted to the project examination and approval department by the project legal person or the competent project department for examination and approval together with the feasibility study report or project application report.

The immigration authorities of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the immigration authorities of the State Council shall solicit the opinions of the relevant departments of the people's governments at the corresponding levels and the local people's governments at or above the county level in the resettlement areas. Eleventh resettlement planning should be based on the carrying capacity of resources and environment, and follow the principle of combining local resettlement with resettlement in different places, combining centralized resettlement with decentralized resettlement, and combining government resettlement with self-resettlement.

When making the resettlement plan, we should respect the production, lifestyle and customs of ethnic minorities.

Resettlement planning should be linked with national economic and social development planning, overall land use planning, overall urban planning, and village and market town planning.