How to resettle immigrants from South-to-North Water Transfer Project

Measures for the Administration of Land Requisition Compensation and Resettlement Funds for South-to-North Water Transfer Project (Trial)

65438+February 20, 2005

On June 8, 2005, the Office of the Construction Committee of South-to-North Water Diversion Project in the State Council issued the Measures for the Management of Land Requisition Compensation and Resettlement Funds for South-to-North Water Diversion Project (Trial) (Guo Shui Fa [2005] No.39), the full text of which is as follows:

Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Interim Measures for Land Requisition Compensation and Resettlement of South-to-North Water Diversion Project and relevant financial laws and regulations in order to standardize the management of land requisition compensation and resettlement funds for South-to-North Water Diversion Project, improve the efficiency in the use of funds, safeguard the legitimate rights and interests of immigrants and ensure the smooth implementation of South-to-North Water Diversion Project.

Article 2 These Measures shall apply to the collection, use, management and supervision of funds for land requisition compensation and resettlement of the main project of South-to-North Water Transfer Project.

The term "land acquisition and demolition funds" as mentioned in these Measures includes direct expenses, other expenses, reserve funds and related taxes and fees.

Article 3 Land acquisition and resettlement funds are an integral part of the construction funds of the main project of South-to-North Water Diversion Project, and are raised by the legal person of the main project of South-to-North Water Diversion Project (hereinafter referred to as the project legal person).

Article 4 The management of land acquisition and demolition funds shall follow the principles of unified power and responsibility, planned management, earmarking and lump-sum use.

Article 5 According to the State Council's land acquisition and resettlement management system of South-to-North Water Diversion Project, which is led by the the State Council South-to-North Water Diversion Project Construction Committee, with the provincial people's government in charge, the county as the basis and the project legal person participating, the competent departments at all levels and the project legal person should perform their respective duties and strengthen the management of land acquisition and resettlement funds.

Competent departments at all levels refer to the departments designated by local people's governments at all levels to be responsible for land acquisition and resettlement of the South-to-North Water Transfer Project within their respective administrative areas.

Chapter II Management of Investment Contracts

Sixth land acquisition and resettlement funds to implement the contract use system corresponding to the task of land acquisition and resettlement. The lump sum price of land acquisition, demolition and resettlement funds is determined according to the preliminary design budget approved by the state. Except for the increase of investment due to policy adjustment approved by the state and force majeure, it shall not exceed the lump sum quota.

Article 7 A project legal person shall sign a general contract for land acquisition and resettlement investment or an investment contract for land acquisition and resettlement of individual and design unit projects with the provincial competent department.

In the process of land acquisition and demolition, industrial enterprises or special facilities belonging to the central government and the army (hereinafter referred to as off-site projects) are relocated, and the project legal person and the relocation unit of off-site projects shall sign a relocation investment contract. For the off-site project entrusted by the project legal person to the provincial competent department, the provincial competent department and the relocation unit of the off-site project shall sign a relocation investment contract. Non-local projects are clearly defined in the investment contract for land acquisition and demolition.

Eighth cultural relics protection projects in land acquisition and demolition shall be signed by the provincial competent department and the provincial (municipality directly under the central government) cultural relics administrative department.

Ninth land acquisition and resettlement investment contract agreement must clearly stipulate the following contents:

(a) the specific content of the task of land acquisition and demolition;

(two) the progress requirements of land acquisition and demolition work;

(three) the amount and cost of land acquisition, demolition and resettlement funds;

(four) land acquisition and resettlement funds transfer (support) payment method;

(5) Responsibilities, rights and obligations of both parties.

Tenth direct expenses shall be used by the provincial competent departments and project relocation units.

Eleventh in accordance with the principle of "who organizes, who is responsible", the provincial competent department and the project legal person shall use other expenses at one time according to their respective responsibilities and workload, and the specific proportion shall be determined when signing the investment contract.

Provincial competent departments and project legal persons shall reasonably arrange relevant expenses according to the work content determined in the investment contract for land acquisition and demolition and the responsibilities and workload of local land and resources departments participating in land acquisition and demolition.

Twelfth reserve funds should be allocated according to the task of land acquisition and demolition (including relocation of different projects), and appropriate adjustments should be made considering special factors.

30% of the reserve fund for the mid-line water source project is issued with the annual investment plan for land acquisition and resettlement. If the reserve fund needs to be used, the project legal person shall report it to the provincial competent department for approval and report it to the State Council South-to-North Water Diversion Office for the record; The remaining 70% of the reserve funds shall be used, and a written application shall be submitted by the provincial competent department, which shall be submitted to the State Council South-to-North Water Diversion Office for approval after being audited by the project legal person.

50% of the reserve funds for the East Line Project and the Middle Line Project are issued according to the annual investment plan for land acquisition and resettlement. If the reserve funds need to be used, the project legal person shall report to the provincial competent department for approval and report to the State Council South-to-North Water Diversion Office for the record; The remaining 50% of the reserve fund shall be used, and a written application shall be submitted by the provincial competent department, which shall be submitted to the State Council South-to-North Water Diversion Office for approval after being audited by the project legal person.

For off-site projects organized and implemented by the project legal person, the proportion of reserve funds issued with the annual investment plan for land acquisition and resettlement shall be implemented according to the second and third paragraphs of this article. Need to use the reserve funds issued by the annual investment plan, approved by the project legal person, and reported to the State Council South-to-North Water Diversion Office for the record; Need to use the remaining reserve funds, the project legal person to apply, reported to the the State Council South-to-North Water Transfer Office for approval.

Article 13 The relevant taxes and fees shall be paid by the project legal person to the provincial competent department and the relocation unit of the off-site project according to the amount approved in the approved land acquisition and resettlement investment budget, and the provincial competent department and the relocation unit of the off-site project shall pay to the relevant departments or units according to the regulations.

Chapter III Plan Management

Article 14 The annual investment plan for land acquisition and resettlement shall be compiled according to the approved land acquisition and resettlement planning and investment budget in the preliminary design stage, the resettlement implementation plan and the requirements for the commencement and construction progress of the South-to-North Water Transfer Project, and incorporated into the annual investment plan for the South-to-North Water Transfer Project.

Article 15 The annual investment plan for land acquisition and resettlement shall include the scale and investment of rural land acquisition compensation and resettlement, urban (town) relocation, relocation of enterprises, institutions and special facilities, protection works, land clearing and cultural relics protection. The reporting format and reporting requirements of the annual land acquisition and resettlement investment plan shall be stipulated separately.

Article 16 The provincial competent department shall consult the project legal person to prepare the annual investment plan for land acquisition and resettlement (including the investment plan for off-site projects entrusted by the project legal person), and the project legal person shall organize the preparation of the annual investment plan for land acquisition and resettlement for off-site projects, which shall be summarized by the project legal person and reported to the State Council South-to-North Water Diversion Office.

Seventeenth according to the annual investment plan issued by the National Development and Reform Commission, the State Council South-to-North Water Diversion Office issued the annual investment plan for land acquisition and resettlement to the project legal person.

According to the signed investment contract for land acquisition and demolition and the progress of land acquisition and demolition, the project legal person will decompose the annual investment plan for land acquisition and demolition into the provincial competent department and the demolition unit of different projects.

Eighteenth provincial departments and relocation units in different places shall organize the implementation of the plan according to the decomposed annual investment plan for land acquisition and resettlement, combined with the project construction progress and related agreements.

Nineteenth competent departments at all levels, project legal persons, relocation units and related units in different places shall maintain the seriousness of the annual investment plan for land acquisition and resettlement, and shall not be adjusted without authorization. If it is really necessary to adjust, the provincial department in charge of the project shall put forward the adjustment opinions, and the non-local project shall be put forward by the project implementation unit, and the project legal person shall submit it for approval according to the original procedure.

Twentieth competent departments at all levels below the provincial level shall timely statistics the implementation of the plan, and regularly submit it to the competent department at the next higher level. The provincial competent department is responsible for collecting statistical data, which shall be reported to the State Council South-to-North Water Diversion Office by the project legal person.

Chapter IV Financial Management

Article 21 Competent departments at all levels and project legal persons shall be responsible for the financial management of land acquisition and demolition funds in accordance with their duties, set up special financial management institutions or accountants, establish and improve financial internal control systems, strengthen the management of bills and seals, implement separate accounting and cashier, strictly follow the procedures of fund income and expenditure, and be strict in financial discipline. It is strictly forbidden to set up a small vault.

Twenty-second project legal person shall, according to the investment contract of land acquisition and demolition, the annual investment plan of land acquisition and demolition and the progress of land acquisition and demolition, pay the funds to the provincial competent department and the demolition unit of different projects in a timely manner.

The provincial competent department shall timely allocate funds to the lower competent department according to the annual investment plan of land acquisition and resettlement and the progress of land acquisition and resettlement work, and pay relevant taxes and fees to the relevant departments or units in accordance with the regulations.

Twenty-third departments at all levels and the project legal person shall open a special account for land acquisition and demolition funds in state-owned or state-controlled commercial banks, which shall be used for the management of land acquisition and demolition funds.

The opening, alteration and cancellation of bank accounts of provincial competent departments and project legal persons shall be reported to the State Council South-to-North Water Diversion Office for the record, and the opening, alteration and cancellation of bank accounts of competent departments below the provincial level shall be reported to provincial competent departments for the record.

Article 24 Competent departments at all levels and project legal persons shall ensure that the land acquisition and resettlement funds are earmarked for the land acquisition and resettlement work of the South-to-North Water Transfer Project, and no department, unit or individual may intercept, occupy or misappropriate the land acquisition and resettlement funds.

Competent departments at all levels and project legal persons shall strictly implement the approved resettlement plan for land acquisition and resettlement, and shall not use land acquisition and resettlement funds beyond the standard and scale.

Twenty-fifth departments at all levels and project legal persons should set up special accounting books to calculate the funds for land acquisition and resettlement, and implement a unified accounting system.

Twenty-sixth competent departments at all levels shall submit financial reports to the competent department at the next higher level according to regulations. The project legal person shall summarize the financial reports of provincial authorities and relocation units of projects in different places and report them to the State Council South-to-North Water Diversion Office.

Article 27 The provincial competent department shall, after the completion of individual and design units' projects, review and summarize and submit the financial final report of land acquisition and resettlement funds to the project legal person, and the project legal person shall summarize the financial final report of the provincial competent department and relocation units in different places and report it to the State Council South-to-North Water Diversion Office.

Twenty-eighth competent departments at all levels, the project legal person funds for land acquisition and demolition of bank deposit interest income should be used for land acquisition and demolition work, and shall not be used for other purposes.

Chapter V Supervision and Administration

Twenty-ninth competent departments at all levels should strengthen internal audit and inspection, and regularly report the use of land acquisition and resettlement funds to the people's government at the same level and the higher authorities.

Provincial competent departments and project legal persons shall supervise and inspect the timely arrival, use and management of land acquisition and resettlement funds.

Thirtieth competent departments at all levels, project legal persons and relocation units in different places shall accept the supervision and inspection of the State Council South-to-North Water Diversion Office on the timely arrival, use and management of land acquisition and resettlement funds.

Thirty-first competent departments at all levels, project legal persons and relocation units in different places have the obligation to accept auditing, supervision and financial departments to audit, supervise and manage land acquisition and relocation funds according to law, and provide relevant information in a timely manner as required.

Article 32 The investigation, compensation, resettlement and fund distribution of land-expropriated immigrants shall be announced by the village or neighborhood committee in a timely manner and subject to supervision by the masses.

Thirty-third of the problems found in the supervision and inspection, inspection, auditing and supervision, the responsible unit shall promptly rectify. In violation of the provisions of these measures, units that intercept, occupy or misappropriate funds for land acquisition, demolition and resettlement shall be given administrative punishment according to law; The directly responsible leaders in charge and responsible persons shall be investigated for their legal responsibilities in accordance with relevant laws, regulations and rules. Those who constitute a crime shall be investigated for criminal responsibility according to law.

Chapter VI Supplementary Provisions

Thirty-fourth provincial departments should formulate detailed rules for the implementation of land acquisition and resettlement funds management according to these measures, and report to the State Council South-to-North Water Transfer Office for the record.

Thirty-fifth South-to-North Water Transfer Project master plan within the scope of the middle and lower reaches of the Hanjiang River project and pollution control project land acquisition and resettlement fund management, with reference to these measures.

Provisions on the management of land acquisition and resettlement funds for the South-to-North Water Transfer Project shall be formulated by the relevant provinces (municipalities directly under the Central Government).

Thirty-sixth approach by the the State Council South-to-North Water Transfer Office is responsible for the interpretation of.

Article 37 These Measures shall come into force as of July 6, 2005.