Answers to the regulations on land requisition compensation and resettlement for large and medium-sized water conservancy and hydropower projects

Q: Why do you want to amend the current regulations? A: The compensation and resettlement for land acquisition of large and medium-sized water conservancy and hydropower projects is related to the vital interests of the vast number of immigrants across the country, as well as economic development and social stability. The CPC Central Committee and the State Council have always attached great importance to the immigration work, and have successively issued a series of policies and measures. The current regulations have been implemented for more than ten years, which has played a positive role in standardizing the compensation and resettlement for land acquisition and promoting the construction of water conservancy and hydropower projects. Since the 16th National Congress of the Communist Party of China, the CPC Central Committee and the State Council have made a series of major strategic decisions on solving the "three rural issues", coordinating urban and rural development and building a harmonious society, and put forward new and higher requirements for land acquisition compensation and resettlement for large and medium-sized water conservancy and hydropower projects. In this case, the current regulations made by 199 1 expose some problems, such as low compensation and subsidy standards and irregular resettlement procedures. In order to provide effective legal protection for the immigration work in the new period and earnestly safeguard the legitimate rights and interests of immigrants, the Ministry of Water Resources, together with relevant departments, drafted a revised draft of the current regulations on the basis of earnestly summing up practical experience and according to the relevant provisions of the Land Management Law and the Water Law, and submitted it to the State Council for approval. During the revision and deliberation, the Legislative Affairs Office insisted on protecting the legitimate rights and interests of immigrants, maintaining social stability and implementing Scientific Outlook on Development's guiding ideology. He has solicited the opinions of relevant departments and provincial people's governments five times and visited local places for many times. On this basis, the revised draft was repeatedly studied, coordinated and revised in conjunction with relevant departments, and was reported to the the State Council executive meeting for discussion and adoption. Starting from the principle of protecting the legitimate rights and interests of immigrants and maintaining social stability, Article 63 of Chapter VIII of the new regulations clarifies the management system of immigration work, strengthens the legal status of immigration planning, and makes comprehensive provisions, especially on the land compensation fee for expropriation of cultivated land and the standards of resettlement subsidies, the procedures and methods of resettlement, the support system for reservoir immigrants and the supervision and management of resettlement work. Q: What are the provisions of the new regulations on compensation and subsidies? A: Land acquisition compensation and resettlement subsidies are the key links in resettlement work. Establishing a scientific and reasonable compensation and subsidy system is an important embodiment of fully implementing Scientific Outlook on Development and building a harmonious socialist society. In view of the fact that the standard of compensation and subsidy for water conservancy and hydropower project construction is low, the scope is too small and the standard is not uniform, and according to the basic policy of the central government of "giving more, taking less and letting loose" on the issue of agriculture, rural areas and farmers, the new regulations make the following provisions on compensation and subsidy: 1, and improve and unify the standard of compensation and subsidy for cultivated land. According to the new regulations, if large and medium-sized water conservancy and hydropower projects expropriate cultivated land, the sum of land compensation fees and resettlement subsidies is 16 times of the average annual output value of the cultivated land in the three years before expropriation. If the standard compensation subsidy of 16 times still can't maintain the original living standard of immigrants, the standard can be further improved with the approval of the project examination and approval department, that is, the vast majority of water conservancy and hydropower project immigrants will be compensated according to the standard of 16 times in the future. The main considerations of this provision are as follows: 1. The Land Management Law, which was revised and implemented in 1999, stipulates that the standard of land compensation for the construction of expropriated cultivated land is 6- 10 times of the average annual output value in the three years before the expropriation of cultivated land, and the standard of resettlement subsidy is 4-6 times of the average annual output value in the three years before the expropriation of cultivated land. Farmers who need resettlement cannot maintain their original living standards, and with the approval of the provincial people's government, resettlement subsidies can be increased, but land compensation fees can be increased. The revision of the Land Management Law and the development of economy and society have greatly improved the compensation and subsidy standards for land acquisition for construction projects such as expressways and commercial housing development. Compared with this, the compensation and subsidy standards stipulated in the current laws and regulations are low. Second, because there is no uniform compensation and subsidy standard in the current laws and regulations, there is a problem of one compensation and subsidy standard for one project in practice, and even the compensation and subsidy standards for the same project in the same area are not uniform, which causes immigrants to keep up with the competition and affects the smooth progress of project construction and social stability. Third, in the land acquisition of construction projects such as the South-to-North Water Transfer Project, the compensation subsidy standard of 1.6 times was adopted, and the practice proved that the effect was good and the immigrants were basically satisfied. The new regulations raise and unify the compensation and subsidy standards according to the upper limit stipulated in the land management law, which is not only conducive to safeguarding the interests of immigrants, but also conducive to solving the imbalance between compensation and subsidies in reality. It is a summary of successful experience in practice, which fully embodies the concern and love of the party and government for the interests of immigrants. The new regulations authorize the implementation of compensation and subsidy standards for land outside cultivated land and compensation standards for scattered trees and young crops on expropriated land in accordance with the regulations of provinces, autonomous regions and municipalities directly under the Central Government where the project is located. 2. Appropriately expand the scope of compensation and subsidies for immigrant property. According to the experience of some local resettlement pilots in recent years, the new regulations stipulate: First, the attachments on the expropriated land shall be compensated according to their original scale, original standards or the principle of restoring their original functions. Second, the scattered trees and houses owned by immigrants above the submerged line around the reservoir will not be compensated according to the current regulations because they are not within the scope of the project. However, considering that it is impossible for immigrants to take these properties away, the new regulations also include them in the scope of compensation. Third, give appropriate subsidies to poor immigrants whose compensation costs are not enough to build basic housing. 3. Implement the sources of compensation subsidy funds and standardize the payment of compensation subsidy funds. In practice, the source and distribution system of compensation subsidy funds are not standardized. Individual projects directly pay land compensation fees to individual immigrants, which leads to the lack of livelihood for immigrants after using land compensation fees. There are too many links in the payment of personal property compensation fees for immigrants in individual projects, and the phenomenon of deduction and misappropriation is serious, and even the compensation subsidy funds are in arrears. In order to give consideration to the practical interests and long-term interests of immigrants, the new regulations stipulate that: First, in order to ensure the implementation of the compensation and subsidy system, land acquisition compensation and resettlement funds should be included in the project budget. Second, the relocation expenses and compensation for personal property such as personal houses and ancillary buildings, scattered trees, young crops, agricultural and sideline facilities owned by individuals are paid directly and in full by the people's governments at the county level in the immigrant areas. Third, the people's government at the county level in the resettlement area signed an agreement on land compensation fees and resettlement subsidies with the villagers' committees undertaking resettlement tasks, and implemented the payment of funds in accordance with the principle of properly arranging the production and life of immigrants. Q: What are the provisions of the new regulations on resettlement? A: Scientific and standardized resettlement work is an important prerequisite for safeguarding the legitimate rights and interests of immigrants and ensuring the smooth progress of project construction. In accordance with the guiding ideology of improving the efficiency of resettlement work, innovating working methods and enhancing the transparency of work, and on the basis of summing up practical experience, the new regulations have made the following provisions: 1, standardizing the preparation procedures of resettlement planning and strengthening the legal status of resettlement planning. Large and medium-sized water conservancy and hydropower projects involve a wide range and a large number of immigrants. Therefore, it is very important to scientifically plan and seriously implement the resettlement work. However, in practice, some projects are difficult to carry out resettlement work, leaving many problems, and even need to move again because there is no resettlement plan, or the planning is unscientific and the implementation is not strict. In order to solve these problems, the new regulations stipulate: First, to build large and medium-sized water conservancy and hydropower projects, it is necessary to prepare resettlement plans, which will be submitted for approval (approval) together with the project feasibility study report and project application report after being audited by the provincial immigration management agency or the the State Council immigration management agency. In order to improve the scientificity of resettlement planning, the new regulations also make detailed provisions on the guiding ideology, basic principles and procedures that should be followed in the planning. Second, the approved resettlement plan should be strictly implemented and may not be adjusted or modified at will; Without planning or planning without audit, the project construction shall not be approved, and the relevant procedures such as land use shall not be handled for it; Immigrants who have to move according to the plan shall not delay or refuse to move without justifiable reasons, and those who have been resettled shall not return. Third, the resettlement has reached the phased goal. After the resettlement work is completed, the provincial people's government or the immigration management agency of the State Council will organize relevant units to carry out inspection and acceptance. If the resettlement fails to pass the acceptance or fails to pass the acceptance, the phased acceptance and completion acceptance of the project shall not be carried out. 2. Innovate the resettlement work and standardize the payment procedures of resettlement funds. In view of the unclear rights and responsibilities between the government, the project legal person and the immigrants, and the irregular use of resettlement funds, in order to improve work efficiency, reduce disputes and protect the legitimate rights and interests of immigrants, on the basis of summing up practical experience, the new regulations stipulate that: First, the project legal person should sign a resettlement agreement with the provincial people's government or the people's government of the city or county where the resettlement area is located according to the resettlement plan; The people's governments of provinces, prefectures and cities that have signed the agreement may also sign resettlement agreements with the people's governments at the next lower level to clarify their respective rights and responsibilities. Second, the local people's government that signed the agreement, on the basis of the resettlement plan, fully negotiated with the project legal person, and organized the preparation and release of the annual resettlement plan for the administrative region. The project legal person shall, according to the annual plan and the progress of resettlement, pay the funds to the local people's government that signed the agreement, which will be used by the people's government of the resettlement area to arrange the production and life of the immigrants. 3, clear the form of immigration, strengthen the management of the use of immigration funds. According to several different resettlement forms in practice, such as centralized resettlement in this county, decentralized resettlement in this county, inter-county resettlement within the province or inter-provincial resettlement, and voluntary resettlement by relatives and friends, the new regulations stipulate that: First, if rural immigrants are resettled in this county through newly developed land or land adjustment, the people's government at the county level will directly pay the land compensation fee, resettlement subsidy and collective property compensation fee in full to the village collective economic organizations or villagers' committees. Second, if rural migrants are resettled to other villages in the county, the resettlement village shall sign an agreement with the people's government at the county level to pay land compensation fees and resettlement subsidies according to the agreement. Third, if rural immigrants are resettled across counties or provinces in this province, the project legal person or the local people's government in the resettlement area should promptly transfer the funds to the local people's government in the resettlement area, and the people's government in the resettlement area will make overall arrangements for the production and life of the immigrants. Fourth, if immigrants voluntarily visit relatives and friends, they should apply to the county-level people's government in the immigrant area and submit the acceptance certificate issued by the county-level people's government in the receiving area; After the people's government at the county level in the resettlement area confirms that it owns land and other agricultural means of production, it shall sign an agreement with the people's government at the county level in the receiving area and the immigrants, and hand over the land compensation fee and resettlement subsidy to the people's government at the county level in the receiving area to make overall arrangements for the production and life of the immigrants. 4, improve the participation of immigrants in immigration work, and effectively protect the rights and interests of immigrants. In order to ensure that immigrants' demands and wishes are reflected in time, expand immigrants' right to know, participate and supervise, reduce disputes and resolve contradictions, the new regulations stipulate that: first, the opinions of immigrants and residents in resettlement areas should be widely listened to when compiling the outline of immigration planning and resettlement planning, and hearings should be held when necessary; The physical survey of immigrants should be comprehensive and accurate, and the survey results should be signed and recognized by the respondents and publicized. Second, the resettlement area and the people's government at the county level in the resettlement area should publicize the land quantity, land type, compensation scope, compensation standard and amount, resettlement plan and so on. If you raise objections to the masses, you should check them in time, correct inaccurate matters and explain them to the masses in time. Townships (towns) and villages with resettlement tasks should post the income and expenditure of funds and accept supervision by the masses. Third, the use plan of land compensation fee and collective property compensation fee should be discussed and approved by the villagers; Rural immigrant housing is built by the immigrants themselves, and the relevant local people's governments or villagers' committees shall make unified plans for the homestead, but they shall not enforce the building standards. In addition, because the floating population in rural areas has no minimum living guarantee, once they lose their land, they will lose their foundation for survival, which will bring many social problems and affect social stability. Therefore, the new regulations particularly emphasize that rural immigrants should adhere to agricultural production resettlement and ensure that immigrants have agricultural production materials such as land basically equivalent to residents in resettlement areas. Q: What are the new regulations on post-migration support? A: There are a large number of immigrants in the construction of large and medium-sized water conservancy and hydropower projects, and the resettlement resources are limited. In order to achieve the goal of gradually reaching the average level of local rural areas, the state decided to adjust the support policies in the later period of immigration. To this end, the new regulations make the following provisions: 1, and establish a post-support planning system. The local people's governments at or above the county level in the resettlement areas shall prepare the support plan for reservoir resettlement in the later period, and report it to the people's government at the next higher level or its immigration management institution for approval before implementation; The approved plan is the basic basis for the later support work and should be strictly implemented; If the late support plan is not prepared or the plan is not approved, the late support funds shall not be allocated. 2, clear the object of later support. Due to the deep influence of relocation and resettlement, the environmental capacity of resettlement area is small, and the level of economic and social development is relatively low, the poverty problem of rural migrants in reservoirs is more prominent. Therefore, the later support is mainly aimed at rural immigrants from large and medium-sized reservoirs. 3. Standardize the specific forms of post-support. If the later support funds can be directly distributed to individual immigrants, they should be distributed to individual immigrants as much as possible for the production and living subsidies of immigrants; Project support can also be implemented to solve the outstanding problems in the production and life of the people in immigrant villages; You can also take a combination of the two. In addition, people's governments at all levels should take care of resettlement areas in terms of infrastructure construction such as transportation, energy, water conservancy and education, and the production and construction projects set up by the state in resettlement areas and beneficiary areas should give priority to attracting immigrants' employment. As for the specific standards, time limit, fund raising, use management, etc. Late support, in accordance with the "opinions of the State Council on improving the late support policies for large and medium-sized reservoir resettlement". Q: Compared with the existing regulations, what other amendments and improvements have been made to the new regulations? A: 1. Improve the immigration management system and implement the immigration responsibility system. A unified and clear management system is the organizational guarantee for the smooth development of immigration work. In view of the problems existing in practice, such as multi-head management, unclear functions, unclear responsibilities, weak strength, etc., in order to connect with the ongoing reform of the immigration management system, there is a legal space for integrating the immigration management institutions and uniformly managing the immigration work. According to the new regulations, the management system of government leadership, graded responsibility, county-based and project legal person participation is implemented in immigration work. The State Council Water Conservancy and Hydropower Project Immigration Bureau is responsible for the management and supervision of large and medium-sized water conservancy and hydropower projects in China, and the immigration bureau stipulated by the provincial people's government is responsible for the management and supervision of immigration work within its administrative area. 2. Strengthen supervision and management to ensure that the legal system is effectively observed. In view of the problem that individual water conservancy and hydropower projects have simple methods in practice, ignoring or even damaging the legitimate interests of immigrants, in order to standardize government actions, effectively protect the interests of immigrants and maintain social stability, the new regulations stipulate that: first, the state will supervise and evaluate the whole process of resettlement work, and the relevant local people's governments and project legal persons will adopt the bidding method, and * * * entrust units with professional and technical capabilities to supervise and evaluate the resettlement progress, resettlement quality and the allocation and use of resettlement funds. Second, the state implements an inspection system for immigrant funds, and audits the economic responsibility of the heads of relevant people's governments and their departments according to law. Audit and supervision organs at all levels should strengthen the audit and supervision of the allocation, use and management of immigrant funds according to law. The third is to clarify the illegal acts that should be investigated for legal responsibility and increase the punishment, especially for the staff of people's governments at all levels and their relevant competent departments. Q: What problems should we pay attention to when implementing the new regulations? A: 1. Carry out in-depth study and publicity and education on the new regulations. Relevant departments and local people's governments should organize staff to study the new regulations seriously, and at the same time, use radio, television, newspapers and other forms to widely and deeply publicize the relevant systems of the new regulations and the state's support policies for immigrants in the later period, eliminate doubts, guide audio-visual, avoid unnecessary social fluctuations caused by policy adjustment and policy understanding deviation, and lay a good foundation for the implementation of the new regulations. 2, as soon as possible to complete the cleaning of supporting local laws, regulations and normative documents. The promulgation of the new regulations is a major adjustment of China's immigration policy. Relevant departments and local people's governments should carefully clean up relevant regulations and documents. Those that conflict with the new regulations should be amended and abolished as soon as possible. Where local regulations are involved, suggestions for amendment and repeal shall be made to the local people's congress in a timely manner. If the new regulations require relevant departments and localities to formulate supporting regulations, they should be studied and promulgated as soon as possible. Legal institutions at all levels should earnestly take responsibility. 3. Strengthen law enforcement supervision and implement various systems stipulated in the new regulations. The promulgation and implementation of the new regulations is a concrete manifestation of the concept of people-oriented and governing for the people of the CPC Central Committee and the State Council. Local people's governments at all levels should deeply understand the importance of immigration work, take the implementation of the new regulations as an opportunity, further strengthen the protection of the legitimate rights and interests of immigrants, and urge engineering construction units to fulfill their legal obligations and do a good job in immigration work.