Regulations on Resettlement of Large and Medium-sized Reservoirs in Hunan Province (revised in 2008)

Chapter I General Provisions Article 1 In order to do a good job in the resettlement of large and medium-sized reservoirs in our province and safeguard the legitimate rights and interests of immigrants, these Regulations are formulated in accordance with the provisions of relevant laws and administrative regulations and in light of the actual situation of this province. Second large and medium-sized reservoir resettlement support and related work within the administrative area of this province, the application of this Ordinance. Article 3 The management system of government leadership, graded responsibility, county-based and project legal person participation shall be implemented in the resettlement work. Article 4 The provincial people's government and the people's governments of cities, prefectures and counties (cities, districts) with resettlement tasks shall strengthen their leadership over the resettlement work, organize the formulation of the economic and social development plan of the reservoir area, urge the resettlement funds to be in place in full and on time, gradually improve the production and living conditions of the immigrants, and coordinate and solve major problems in the resettlement work. Fifth provincial people's government immigration management department is responsible for the management of the province's immigration work, guidance, coordination, inspection and supervision of the immigration management department of the people's governments at lower levels.

The immigration management departments of the people's governments of cities, prefectures and counties (cities, districts) with immigration tasks are responsible for the immigration work in their respective administrative areas.

Other relevant departments of the people's governments at or above the county level shall, in accordance with their respective duties, do a good job in relevant immigration work. Sixth large and medium-sized reservoir construction projects as legal persons shall, in accordance with the provisions of laws and regulations and the contract, fulfill the economic responsibilities of compensation, subsidies and support for early resettlement, pay the resettlement funds in full and on time, and cooperate with the people's government to do a good job in the relevant resettlement work. Seventh immigrants have the right to receive early compensation, subsidies and late support, supervise the use of resettlement funds according to law, and undertake the obligation of relocation in accordance with the provisions of laws and regulations and the contract. Eighth immigration work should 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. Chapter II Resettlement Article 9 For large and medium-sized reservoirs for which a project legal person has been established, the project legal person shall prepare an outline of the resettlement plan and submit it to the provincial people's government or the the State Council resettlement administration for examination and approval according to the examination and approval authority. The examination and approval authority shall solicit the opinions of the people's governments at or above the county level in the resettlement areas before examination and approval.

For large and medium-sized reservoirs without a project legal person, the competent department of the project shall, jointly with the resettlement areas and the people's governments at or above the county level, prepare an outline of the resettlement plan, and report it to the provincial people's government or the immigration management institution of the State Council for examination and approval according to the examination and approval authority. Tenth after the approval of the immigration planning outline, large and medium-sized reservoirs with established project legal persons shall be entrusted by the project legal persons with corresponding qualifications to prepare immigration plans according to the immigration planning outline; If a project legal person is not established, the competent department of the project shall, jointly with the resettlement area and the people's government at or above the county level, entrust a design unit with corresponding qualifications to prepare the resettlement plan according to the outline of the resettlement plan.

Resettlement planning shall, in accordance with the examination and approval authority, be reviewed by the immigration management department of the provincial people's government or the immigration management agency of the State Council, and submitted to the project examination and approval department by the project legal person or the competent department of the project, together with the feasibility study report or project application report for examination and approval. To review the resettlement plan, the opinions of the people's governments at the same level and the relevant departments of the people's governments at or above the county level in the resettlement areas shall be sought.

The approved resettlement plan must be strictly implemented and may not be adjusted or modified without authorization; If it is really necessary to adjust or modify, it shall be reported to the original approval authority for approval.

Without the approval of the resettlement plan, the project construction documents shall not be examined and approved, the land acquisition procedures shall not be handled, and the construction shall not be carried out. Eleventh design units in the preparation of resettlement planning, should prepare the design work outline. The design work outline shall be approved by the project legal person and the immigration management department. Need to be approved by the relevant departments of the State Council, shall be approved by the relevant departments of the State Council.

After the design work outline is approved, the design unit can carry out the design work.

The design unit shall prepare the resettlement plan in accordance with the procedures and standards stipulated by the state, and shall not collude with the project legal person to lower the resettlement standards without authorization or carry out other acts that harm the legitimate rights and interests of immigrants. Article 12 The physical indicators of reservoir inundation and project land occupation are the basis for compiling resettlement planning and estimating inundation compensation investment. The physical index survey is organized and implemented by the design unit, the project legal person and the local immigration management department. The survey results of physical indicators shall be approved by the design unit, project legal person, local county (city, district), township (town) people's government, immigration management department and other relevant departments, as well as local village (neighborhood) committees, village (neighborhood) groups and respondents, and shall be responsible for the authenticity and reliability of the survey results. Article 13 The standards for compensation for immigrant houses and ancillary buildings, land compensation for expropriated land, resettlement compensation, compensation for ground attachments and young crops, and compensation for sporadic fruit trees shall be implemented in accordance with the provisions of the state and provincial people's governments. The specific scheme of resettlement compensation shall be announced by the local people's government in the township (town) and village where the resettlement is located.

Rural immigrant houses and ancillary buildings, young crops, sporadic fruit trees compensation fees, relocation and transportation fees, transitional living subsidies, etc. Calculated according to the standards stipulated by the national and provincial people's governments and sent to the immigrants themselves.

If the per capita housing area of rural immigrants is less than 25 square meters, the housing compensation fee shall be calculated according to the standard of 25 square meters per capita; The compensation fee for the difference beyond the actual housing area shall be coordinated by the people's government.