Measures for Land Requisition Compensation and Resettlement of Large Hydropower Projects in Sichuan Province

Chapter I General Provisions Article 1 In order to strengthen the management of land acquisition and resettlement for large-scale hydropower projects, rationally requisition land, properly resettle migrants and safeguard their legitimate rights and interests, these measures are formulated in accordance with the relevant provisions of the Regulations of the State Council on Land Acquisition Compensation and Resettlement for Large and Medium-sized Water Conservancy and Hydropower Projects and in light of the actual situation in Sichuan. Article 2 These Measures shall apply to the land requisition compensation and resettlement of large-scale hydropower projects within the administrative area of Sichuan Province. Article 3 Promote and support the development of immigrants. Relevant departments and engineering construction units shall provide early compensation, subsidies and late support to immigrants. Article 4 Land requisition compensation and resettlement for large hydropower projects shall follow the following principles:

(a) correctly handle the relationship between the state, the collective and the individual, obey the overall interests of the country, and make reasonable compensation and proper resettlement for land-expropriated immigrants according to law;

(2) The resettlement of immigrants should be combined with reservoir construction, resource development, soil and water conservation and economic development, so that the life of immigrants will not be lower than the original level, creating conditions for long-term economic development and improvement of the living standards of immigrants;

(3) Resettlement should be based on local conditions, overall planning, rational use of reservoir resources, local resettlement and local retreat. If there are no resettlement conditions on the back, resettlement can be carried out by developing wasteland and beaches, adjusting land or moving out in an organized way. Encourage immigrants to visit relatives voluntarily, rely on friends and find jobs by themselves. Fifth people's governments at or above the county level (including the county level, the same below) should strengthen the leadership of land acquisition compensation and resettlement for large hydropower projects.

Resettlement agencies set up by the people's governments of cities and counties and regional administrative offices with heavy land requisition compensation and resettlement tasks are in charge of land requisition compensation and resettlement of large hydropower projects within their respective administrative areas, and are responsible for the implementation, supervision and inspection of these measures. Electric power, agriculture, land, labor, personnel, public security, civil affairs and other relevant administrative departments to cooperate. Chapter II Compensation for Land Requisition Article 6 When large-scale hydropower projects requisition collectively owned land, the construction unit shall pay land compensation fees and resettlement subsidies according to the following standards:

(1) Where cultivated land is requisitioned, the land compensation fee shall be 3 to 4 times of the average annual output value of the cultivated land in the three years before it is requisitioned; If other land is requisitioned, it shall be calculated as 2 to 3 times of the average annual output value per mu in the first three years of the rural collective economic organization where the land is located, and if the homestead is requisitioned, it shall be implemented according to the upper limit of the standard for requisitioning cultivated land.

(2) Resettlement subsidy, which is 2 to 3 times of the average annual output value per mu in the three years before the cultivated land is requisitioned per kloc-0 agricultural population; If other land is requisitioned, it shall be 1 to 1.5 times of the average annual output value per mu of the rural collective economic organization where the land is located in the first three years.

(three) the expropriation of forest land shall be implemented in accordance with the provisions of Sichuan Province on compensation and subsidies for forest land, trees and attachments.

The above-mentioned annual output value is calculated by multiplying the average annual output per mu of cultivated land in the first three years by the average market price in the year of land acquisition. Article 7 If it is still difficult to pay land compensation fees and resettlement subsidies in accordance with the provisions of Article 6 of these Measures, the local city, state people's government, regional administrative office, provincial resettlement institutions and the construction unit shall raise the resettlement subsidies as appropriate after consultation; However, the sum of land compensation fees and resettlement subsidies shall not exceed the following multiples of the average annual output value of the three years before land acquisition:

(a) the per capita arable land 1 mu in the reservoir area (including the dam area) shall not exceed 8 times;

(two) the per capita occupation of cultivated land in the reservoir area (including the dam area) is 0.5 mu to 1 mu, which shall not exceed 12 times;

(three) the per capita arable land in the reservoir area (including the dam area) is less than 0.5 mu, not more than 20 times. Article 8 The attachments and young crops compensation fees on the expropriated land shall be given reasonable compensation according to the actual losses. The standards shall be formulated by the people's government at the county level in accordance with the relevant provisions, and shall be implemented after being audited by the Municipal People's Government or the regional administrative office and approved by the provincial resettlement agency. From the time when the land acquisition plan is negotiated, the bamboo and wood planted and the facilities built will not be compensated. Ninth resettlement funds included in the project budget, after the start of the project, according to the approved annual resettlement plan in advance. Article 10 Land compensation fees and resettlement subsidies shall be used by the land-expropriated units to resume and develop production, arrange employment for surplus labor and living allowances for those who cannot be employed due to land expropriation, or be arranged to the county at one time for land development and resettlement for the production and life of immigrants. Eleventh new resettlement projects (hereinafter referred to as resettlement projects) shall be carried out in accordance with the basic construction procedures for feasibility study and demonstration, and shall be incorporated into the plan after examination and approval. The immigration agency at a higher level shall send a copy of the approved project plan and fund arrangement plan to the people's government where the project is located. Twelfth immigration agencies at all levels shall be responsible for examining and approving the investment estimates and budgets of immigrant construction projects, and reviewing the approved project budgets and final accounts. Investment is approved by budgetary estimate and budget, and expenditure is approved by final accounts. It is forbidden to change the investment direction without authorization and adjust the construction project by itself. Thirteenth resettlement agencies at all levels and the use of resettlement funds should regard resettlement funds as disaster relief funds, strictly manage them and use them for special purposes. The use of resettlement funds shall be discussed collectively by the leading members of the unit and approved by the competent leaders. No unit or individual may misappropriate, occupy, intercept, privately divide or squander immigrant funds.