National compensation standard for reservoir expropriation

Legal analysis: the land compensation and resettlement subsidies for land requisitioned by large and medium-sized water conservancy and hydropower projects shall be the same as those for infrastructure projects such as railways, and shall be implemented in accordance with the standards stipulated by the provinces, autonomous regions and municipalities directly under the Central Government where the land is requisitioned.

The compensation standards for scattered trees and young crops on the expropriated land shall be implemented in accordance with the standards stipulated by the provinces, autonomous regions and municipalities directly under the Central Government where the expropriated land is located.

The attachments on the expropriated land shall be compensated according to their original scale, original standards or the principle of restoring their original functions; Appropriate subsidies should be given to poor immigrants whose compensation expenses are not enough to build basic housing.

Other units or individuals who use state-owned cultivated land according to law shall be compensated according to the compensation standard for expropriation of cultivated land; Units or individuals that use unused state-owned land with undetermined purposes shall not be compensated.

After the immigrants move away, the scattered trees and houses owned by the immigrants above the submerged line around the reservoir shall be compensated according to the standards stipulated in the second and third paragraphs of this article respectively.

Legal basis: Article 48 of the Land Administration Law of the People's Republic of China should give fair and reasonable compensation to ensure that the original living standard of landless farmers will not be reduced and their long-term livelihood will be guaranteed.

Land requisition shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops on time and in full according to law, and arrange social security fees for landless farmers.

The standards of land compensation and resettlement subsidies for requisitioning agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices in the region. The formulation of regional comprehensive land price should comprehensively consider the original land use, land resource conditions, land output value, land location, land supply and demand, population and economic and social development level and other factors, and be adjusted or re-published at least once every three years.

Compensation standards for expropriation of agricultural land, ground attachments and land other than young crops shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. In accordance with the principle of compensation before relocation and improvement of living conditions, fair and reasonable compensation shall be given to rural villagers' houses, and the wishes of rural villagers shall be respected. Fair and reasonable compensation shall be given by rearranging housing sites, providing resettlement houses or monetary compensation, and compensation shall be paid for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and legitimate property rights and interests.

The local people's governments at or above the county level shall incorporate the land-expropriated farmers into the corresponding social security system such as providing for the aged. The social security expenses of landless peasants are mainly used for social insurance payment subsidies such as endowment insurance for eligible landless peasants. Measures for the collection, management and use of social security fees for landless farmers shall be formulated by provinces, autonomous regions and municipalities directly under the central government.