Decision of the Standing Committee of Hunan Provincial People's Congress on Amending the Regulations on Resettlement of Large and Medium-sized Reservoirs in Hunan Province (2008)

1. Article 3 is amended as: "The management system of government leadership, graded responsibility, county-based and project legal person participation shall be implemented in the resettlement work." 2. Article 6 is amended as: "The legal person of large and medium-sized reservoir construction projects 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 the relevant resettlement work." Three. Article 8 is amended as: "Immigration work shall follow the following principles:

"(a) people-oriented, protect the legitimate rights and interests of immigrants, and 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;

"(5) Adjust measures to local conditions and make overall plans." 4. One article is added as Article 9: "For large and medium-sized reservoirs with established project legal persons, the project legal persons shall prepare an outline of resettlement planning, and report it to the provincial people's government or the State Council resettlement management agency 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 engineering department shall, in conjunction with the resettlement areas and the people's governments at or above the county level in the resettlement areas, prepare an outline of the resettlement plan, and report it to the provincial people's government or the the State Council immigration management agency for examination and approval according to the examination and approval authority." 5. Article 9 is renumbered as Article 10 and amended as: "For large and medium-sized reservoirs that have established project legal persons after the approval of the immigration planning outline, the project legal persons shall entrust design units 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 in accordance with the examination and approval authority, by the provincial people's government immigration management department or the State Council immigration management agencies after the audit, by the project legal person or the competent department of the project submitted to the project examination and approval department, and with the feasibility study report or project application report together with the examination and approval or 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 shall 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 approved, the land acquisition procedures shall not be handled, and the construction shall not be carried out." 6. Article 10 is renumbered as Article 11, and the second paragraph is amended as: "The design unit shall prepare the resettlement plan in accordance with the procedures and standards prescribed by the state, and shall not collude with the project legal person to lower the resettlement standards without authorization or do other acts that harm the legitimate rights and interests of immigrants." 7. Article 12 is changed to Article 13, and the third paragraph is amended as: "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. " 8. Article 14 is renumbered as Article 15, and the first paragraph is amended as follows: "The resettlement of rural migrants shall be based on agricultural production, and shall follow the principles of combining local resettlement with resettlement in different places, centralized resettlement with decentralized resettlement, and government resettlement with self-employment. First, it is necessary to resettle in counties (cities, districts); County (city, district) can not be placed, in the large and medium-sized reservoir project benefit counties (cities, districts) placement; If the beneficiary county (city, district) cannot be resettled, it will be resettled in other counties (cities, districts). " Nine, delete sixteenth. 10. Article 17 is amended as: "Where immigrants voluntarily join relatives and rely on friends, the people's government of the place of emigration and resettlement shall sign an agreement with the immigrants and go through the relevant formalities; The people's government of the place of emigration shall hand over the corresponding land compensation fees and resettlement subsidies to the people's government of the place of resettlement to make overall arrangements for the production and life of the immigrants. " 1 1. Article 24 is amended as: "The people's government at or above the county level and the project legal person who have signed the resettlement agreement shall * * * entrust a unit with professional technical ability in resettlement supervision and evaluation to supervise and evaluate the progress, quality, allocation and use of resettlement funds and the recovery of resettlement living standards.

"After the resettlement, the immigration planning examination and approval organ shall organize the immigration management department, the project legal person, the design unit, the supervision and evaluation unit and other relevant units to check and accept the resettlement according to the procedures, standards and contents stipulated by the state.

"If the resettlement has not been accepted or the acceptance is unqualified, the phased acceptance and completion acceptance of large and medium-sized reservoirs shall not be carried out." 12. Paragraphs 2 and 3 of Article 25 are merged into one paragraph, which is the second paragraph: "People's governments at or above the county level in resettlement areas shall work out the post-resettlement support plan for large and medium-sized reservoirs, which shall be implemented after being submitted to the people's government at the next higher level or its immigration management agency for approval." Thirteen, article twenty-sixth is amended as: "the time limit, standards and methods of post-migration support shall be implemented in accordance with the provisions of the State Council and the provincial people's government.

"People's governments at all levels should give priority to the large and medium-sized reservoirs that have been built before the implementation of these regulations when arranging funds for supporting projects in the later stage of resettlement."