Major related to immigration and land acquisition

Regulations on compensation and resettlement for land requisition for large and medium-sized water conservancy and hydropower construction

1991February15th released in the State Council.

catalogue

Chapter I General Provisions

Chapter II Compensation for Land Requisition

Chapter III Resettlement of Migrants

Chapter IV Punishment

Chapter V Supplementary Provisions

Chapter I General Provisions

first

In order to strengthen the management of land acquisition and resettlement in the construction of large and medium-sized water conservancy and hydropower projects, rationally requisition land and properly resettle immigrants, these Regulations are formulated in accordance with the relevant provisions of the Land Administration Law of the People's Republic of China and the Water Law of People's Republic of China (PRC).

Article 2 These Regulations shall apply to the land requisition compensation and resettlement of large and medium-sized water conservancy and hydropower projects (hereinafter referred to as water conservancy and hydropower projects) built by the state.

Article 3 The state advocates and supports development immigrants by means of early compensation, subsidies and late support.

Fourth water conservancy and hydropower projects land acquisition compensation and resettlement follow the following principles:

(a) correctly handle the relationship between the state, the collective and the individual, and the resettlement area should obey the overall interests of the state;

(two) resettlement and reservoir construction, resource development, soil and water conservation, economic development, and gradually make the life of immigrants reach or exceed the original level;

(3) Resettlement should be based on local conditions, comprehensive planning and rational utilization of reservoir resources; Local placement and back placement; If there are no resettlement conditions, resettlement can be carried out by developing wasteland and beaches, adjusting land and moving out, but the relevant provisions of national laws and regulations should be observed.

Chapter II Compensation for Land Requisition

Fifth large-scale water conservancy and hydropower project construction land requisition, land compensation and resettlement subsidies paid by the construction unit according to the following standards:

(a) the compensation for the expropriation of cultivated land is 3 to 4 times the average annual output value of the cultivated land in the three years before the expropriation; The resettlement subsidy standard for each agricultural population in need of resettlement is 2 to 3 times of the average annual output value per mu in the three years before the land is requisitioned. If large-scale flood control, irrigation and drainage projects requisition land, the land compensation standard may be lower than the above-mentioned land compensation standard, and the specific standard shall be formulated by the Ministry of Water Resources jointly with relevant departments.

(2) The standards of compensation and resettlement subsidies for expropriation of other land shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards in Item (1) of this article.

Article 6

Pay land compensation fees and resettlement subsidies in accordance with the provisions of Article 5 of these regulations, and if it is still difficult to resettle immigrants, the resettlement subsidies may be raised as appropriate; 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 7

The standards of land compensation and resettlement subsidies for the construction of medium-sized water conservancy and hydropower projects shall be formulated separately by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards stipulated in the Land Administration Law of the People's Republic of China and Articles 5 and 6 of these regulations.

Article 8 The compensation standards for attachments and young crops on expropriated land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government.

Article 9

Land compensation fees and resettlement subsidies shall be used by the land-expropriated units to resume and develop production, arrange the employment of surplus labor force and the living allowance for those who cannot be employed due to land expropriation, and may also be allocated to the county (city) in a lump sum, which shall be uniformly arranged by the county (city) for land development and resettlement of immigrants' production and life, but they must be earmarked for special purposes and shall not be privately divided and used for other purposes.

Immigration funds are included in the project budget. After the project starts, the funds will be allocated in advance according to the approved annual resettlement plan.

Chapter III Resettlement of Migrants

Article 10

The water conservancy and hydropower project construction unit shall, in the early stage of the project construction, according to the natural and economic conditions of the resettlement places, and in accordance with the principle of economy and rationality, work out the resettlement plan jointly with the local people's government. The resettlement plan shall be submitted to the competent department for approval together with the design task book (feasibility study report) and preliminary design documents. Without a resettlement plan, the project design documents shall not be examined and approved, the land acquisition procedures shall not be handled, and the construction shall not be carried out.

The establishment of resettlement planning shall conform to the relevant provisions of the state.

Article 11

The local people's governments at or above the county level are responsible for implementing the approved resettlement plan, organizing relocation according to the requirements of the project construction progress, and properly arranging the production and life of immigrants; After the completion of the project, the competent department of the project shall, jointly with the local people's governments at or above the county level in the resettlement areas, inspect and accept the resettlement work.

Article 12

Resettlement of water conservancy and hydropower project immigrants in their own townships and counties; Can not be placed in the township and county, should be placed in the project benefit area; If it cannot be resettled in the beneficiary areas, it shall be resettled in accordance with the principle of economy and rationality.

The surplus labor force caused by land requisition for water conservancy and hydropower project construction shall be resettled by the local people's government organizing relevant units through the development of agricultural and sideline production and the establishment of township (town) and village enterprises.

Article 13

If immigrants voluntarily take refuge in relatives and 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.

Article 14

All the land of the land-expropriated units has been expropriated, and immigrants who cannot be resettled according to the provisions of Articles 12 and 13 of this Ordinance may be transferred from agricultural registered permanent residence to non-agricultural registered permanent residence after being examined by the people's government at the county level and approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, but they must be strictly examined and approved; Land compensation fees and resettlement subsidies shall be arranged by the local people's governments at or above the county level in the resettlement area as a whole for the production and life of immigrants.

Fifteenth immigrants who must move in accordance with the resettlement plan shall not delay or refuse to move under an excuse. Resettleed immigrants are not allowed to move back without authorization.

Article 16

Towns that need to be relocated due to the construction of water conservancy and hydropower projects shall be examined and approved in accordance with relevant regulations. According to the original new city investment scale and standards, included in the budget of water conservancy and hydropower projects; In accordance with the provisions of the state, if the new city is approved to expand its scale and improve its standards, the increased investment will be solved by the local people's government itself. For enterprises and institutions that need to be relocated due to the construction of water conservancy and hydropower projects, the investment in new buildings and related facilities according to the original scale and standards shall be included in the budgetary estimate of water conservancy and hydropower projects; Due to the need to increase the scale and improve the investment standards, the relevant units will solve it themselves.

Article 17

The state establishes a reservoir construction fund to maintain and support the development and production of large and medium-sized water conservancy and hydropower project immigrants. Measures for the extraction, management and use of construction funds in reservoir areas of new water conservancy and hydropower projects shall be formulated by the Ministry of Water Resources and the Ministry of Energy jointly with the Ministry of Finance.

Article 18

After the completion of the hydropower project, the relevant state departments shall, according to the verified electricity consumption, give preferential electricity prices to the immigrants for their production and living. The water surface and fluctuating zone formed after the completion of water conservancy and hydropower projects shall be managed and developed by the project management unit in a unified way; Give priority to the development and utilization of migrants on the premise of obeying the unified dispatching of reservoirs and ensuring the safety of the project.

Article 19

When the state arranges funds for supporting agriculture and helping the poor and funds for transportation, culture, education and health, it should give appropriate care to the resettlement areas, support the immigrants to arrange their lives and develop production. Production and construction projects set up by the state in resettlement areas and project benefit areas shall be combined with resettlement.

Article 20 The period of state support for immigrants is 5 years to 10 years, counting from the date when the resettlement plan is completed. According to the resettlement plan, resettlement is carried out in batches, counting from the date of resettlement of each batch of immigrants.

Chapter IV Punishment

Article 21

Those who illegally occupy the compensation fees and resettlement subsidies of land-expropriated units shall be ordered to make restitution and may also be fined in accordance with the provisions of the Land Administration Law of the People's Republic of China; The responsible person shall be given administrative sanctions by his unit or higher authorities; Individuals who illegally encroach on compensation fees and resettlement subsidies of land-expropriated units shall be punished as corruption.

Article 22

In the process of land acquisition compensation and resettlement, in violation of the provisions of these regulations, disrupting public order, resulting in work and production can not be carried out normally, and should be given administrative penalties for public security, the public security organs shall be punished in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If a crime is constituted, criminal responsibility shall be investigated according to law.

Twenty-third staff members of state administrative organs who abuse their powers shall be given administrative sanctions by their units or the competent authorities at higher levels.

Chapter V Supplementary Provisions

Article 24 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may implement the detailed rules according to the provisions of these Regulations.

Twenty-fifth large-scale water conservancy and hydropower project construction land acquisition compensation and resettlement measures shall be formulated by the relevant competent departments of the State Council and submitted to the State Council for approval.

Article 26 The Ministry of Water Resources and the Ministry of Energy shall be responsible for the interpretation of these Regulations.

Article 27 These Regulations shall come into force as of May 199 1 year 1 day.