Provisions of Guangdong Province on Maintaining the Ownership of Land, Trees and Real Estate of Reservoir Immigrants

Article 1 These Provisions are formulated for the purpose of safeguarding the legitimate rights and interests of land, forests, homesteads and houses of reservoir migrants and enabling reservoir migrants to live and work in peace and contentment. Article 2 Reservoir migrants refer to migrants who have moved from their original residence and rebuilt their homes due to the needs of national water conservancy and hydropower construction.

When reservoir immigrants (hereinafter referred to as immigrants) are resettled, the land collectively owned by townships (towns) and villages allocated by the local people's government, including homestead, paddy field, vegetable field, dry land, garden, pond, woodland and barren hills and wasteland (including the land allocated after the "four decisions"), regardless of whether the procedures are complete at the time of handover, all belong to the immigrant collective. Land that has been used for more than five years after resettlement or other land that has been reclaimed and used for more than five years by immigrants has formed the right to use, except for state-owned land, its land ownership belongs to the immigrant collective; Those that have been used for less than five years but whose ownership is not disputed will also be used by immigrants.

Where the land ownership belongs to the land collectively owned by immigrants, no unit or individual may occupy it. Occupied things should be returned quickly. Article 3 The immigrants have the right to use the state-owned land and state-owned land reclaimed from beaches allocated to them by the local people's government; If it is really necessary to change the land use right of immigrants, it is necessary to negotiate with immigrants in advance to properly solve their production and living land. Article 4 The land use right owned by the immigrant collective contracted by the immigrant consortium or individual belongs to the immigrant contractor during the contracted operation period. Article 5 Immigrants resettled in rural areas are members of local collective economic organizations. They enjoy the same rights as the local people in the contracting of collective land and forests and the distribution of property and homestead. Sixth immigrants who have been resettled in agricultural (forest) farms, factories and mines, and have been given houses and homesteads at the time of resettlement compensation, are still owned or used by immigrant households; If the house property right and the right to use the homestead have been confirmed, the house property right certificate and the land use certificate shall be issued according to law. Article 7 If the local people's government has rearranged the remaining land, forests and barren hills that have not been submerged after the immigrants moved out of the reservoir area, the status quo should be maintained and not changed at will, and the local county (city) land department will issue certificates after reviewing and confirming the right. Eighth township (town) within the scope of the resettlement land and forest disputes, by the local township (town) people's government first mediation. If a party refuses to accept the dispute, it may apply to the county people's government for reconsideration; Disputes over immigrant land and forest trees within the scope of cities and counties shall be handled by the local people's governments of cities and counties; Major disputes across the city shall be handled by the relevant departments designated by the provincial people's government in conjunction with the municipal (county) people's government, the immigration authorities and the departments of land, forestry and public security. If a party refuses to accept the decision of the local people's government, it may bring a lawsuit to the people's court according to law.

People's governments at all levels should educate the masses, conscientiously implement these regulations, and safeguard the legitimate rights and interests of immigrants when dealing with disputes over land and trees involving reservoir immigrants. Outstanding problems that have not been dealt with should also be properly solved in accordance with the spirit of these regulations. Ninth city and county people's governments shall, in accordance with the relevant provisions of the provincial people's government, issue land certificates to those who confirm the land use rights of immigrants. All immigrants who have been resettled with the consent of the local people's government are legal residents of local townships (towns) and villages. Article 10 We must earnestly safeguard the legitimate rights and interests of immigrants. Those who infringe upon the lawful rights and interests of immigrants, such as land, forest, real estate, homestead, etc., destroy the production and living facilities of immigrants, rob the property of immigrants, and forcibly expel them should be dealt with severely. If the case constitutes a crime, the judicial organ shall investigate its criminal responsibility according to law. Article 11 These Provisions shall come into force as of 1 July, 9891day.