Chapter II Planning and Management of Resettlement for Water Conservancy and Hydropower Projects

Article 6 For large and medium-sized water conservancy and hydropower projects for which a project legal person has been established, the project legal person shall prepare an outline of resettlement planning and submit it to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the resettlement management agencies of the State Council for examination and approval according to the examination and approval authority; Before examination and approval, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the immigration management agencies of the State Council shall solicit the opinions of the local people's governments at or above the county level in the resettlement areas.

For large and medium-sized water conservancy and hydropower projects without a project legal person, the competent engineering department shall, jointly with the resettlement areas and the local people's governments at or above the county level, prepare an outline of resettlement planning, and report it to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the immigration management agencies of the State Council for examination and approval according to the examination and approval authority.

Article 7 The outline of the resettlement plan shall be compiled according to the results of the physical investigation of the occupied and submerged areas of the project, as well as the economic and social conditions and the carrying capacity of resources and environment of the resettlement areas.

The physical investigation of the project area and submerged area shall be conducted by the competent engineering department or the project legal person in conjunction with the local people's government of the project area and submerged area; The physical investigation shall be comprehensive and accurate, and the results of the investigation shall be signed by the investigator and the respondent and publicized, and then signed by the relevant local people's government. Before the physical investigation begins, the provincial people's government where the project covers an area and inundates the area shall issue a notice prohibiting new construction projects and personnel from moving into the area, and make arrangements for the physical investigation.

Article 8 The outline of resettlement planning mainly includes the tasks, whereabouts, standards, production and resettlement methods of rural migrants, the evaluation and prediction of living standards after resettlement, the support policies for reservoir resettlement, the principle of delineating the affected areas above the submerged line and the principle of compiling resettlement planning.

Article 9 The opinions of immigrants and residents in resettlement areas shall be widely listened to when compiling the outline of immigration planning; When necessary, a hearing shall be held.

The approved outline of immigration planning is the basic basis for the preparation of immigration planning, which must be strictly implemented and may not be adjusted or modified at will; If it is really necessary to adjust or modify, it shall be reported to the original approval authority for approval.

Article 10 If a project legal person has been established, the project legal person shall prepare the resettlement plan according to the approved outline of the resettlement plan; If a project legal person is not established, the competent department of the project shall, jointly with the resettlement areas and the local people's governments at or above the county level in the resettlement areas, prepare the resettlement plan according to the approved outline of the resettlement plan.

Resettlement planning for large and medium-sized water conservancy and hydropower projects shall be examined by the resettlement management agencies of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the resettlement management agencies of the State Council in accordance with the examination and approval authority, and submitted to the project examination and approval department by the project legal person or the competent project department for examination and approval together with the feasibility study report or project application report.

The immigration authorities of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the immigration authorities of the State Council shall solicit the opinions of the relevant departments of the people's governments at the corresponding levels and the local people's governments at or above the county level in the resettlement areas.

Eleventh resettlement planning should be based on the carrying capacity of resources and environment, and follow the principle of combining local resettlement with resettlement in different places, combining centralized resettlement with decentralized resettlement, and combining government resettlement with self-resettlement.

When making the resettlement plan, we should respect the production, lifestyle and customs of ethnic minorities.

Resettlement planning should be linked with national economic and social development planning, overall land use planning, overall urban planning, and village and market town planning.

Article 12 The resettlement plan shall make arrangements for rural resettlement, relocation of cities (towns), relocation of industrial and mining enterprises, relocation or reconstruction of special facilities, construction of protection projects, development and utilization of reservoir waters, support measures for reservoir resettlement, compensation for land acquisition and estimation of resettlement funds.

The production and living difficulties of residents in the affected areas above the flood line caused by reservoir impoundment should be included in the resettlement plan and properly handled in accordance with the principle of economy and rationality.

Thirteenth rural resettlement planning, should adhere to the agricultural production resettlement, follow the principles of local conditions, favorable production, convenient life and ecological protection, and rationally plan rural resettlement sites; Where conditions permit, it can be combined with the construction of small towns.

After rural immigrants are resettled, they should be given land and other agricultural means of production, which is basically equivalent to the residents in the resettlement area.

Fourteenth city (town) resettlement planning, should be based on the current situation of the city (town), save land, reasonable layout.

The relocation of industrial and mining enterprises shall conform to the national industrial policy and be carried out in combination with technological transformation and structural adjustment; Close down enterprises with backward technology, waste of resources, poor product quality, serious pollution and no conditions for safe production according to law.

Fifteenth the preparation of resettlement planning should listen to the opinions of immigrants and residents in resettlement areas; When necessary, a hearing shall be held.

The approved resettlement plan is the basic basis for organizing the implementation of resettlement work, which must be strictly implemented and may not be adjusted or modified at will; If it is really necessary to adjust or modify, it shall be re-submitted for approval in accordance with the provisions of Article 10 of these regulations.

For large and medium-sized water conservancy and hydropower projects that have not been compiled or audited, the relevant departments shall not approve or approve the construction, and shall not handle land use and other related procedures for them.

Sixteenth land acquisition compensation and resettlement funds, farmland occupation tax and land reclamation fees that should be paid according to law, as well as forest vegetation restoration fees paid in accordance with the relevant provisions of the State Council, should be included in the budgetary estimates of large and medium-sized water conservancy and hydropower projects.

Land acquisition compensation and resettlement funds include land compensation fees, resettlement subsidies, rural settlements, cities (towns), relocation of industrial and mining enterprises, relocation or reconstruction of special facilities (including compensation fees for ground attachments), personal property compensation fees for immigrants (including compensation fees for ground attachments and young crops), relocation fees, clearing fees, cultural relics protection fees in flooded areas and other fees stipulated by the state.

Seventeenth rural settlements, cities (towns), industrial and mining enterprises and special facilities and other infrastructure relocation or reconstruction site selection, should do a good job in environmental impact assessment, hydrogeology and engineering geology survey, geological disaster prevention and risk assessment.

Eighteenth residential areas, cultivated land, etc. In the case of flood protection conditions, protective measures such as building protective projects should be taken on the premise of economy and rationality to reduce flood losses.

The construction cost of the protection project shall be borne by the project legal person, and the operation and management cost shall be borne by the large and medium-sized water conservancy and hydropower project management unit.

Nineteenth of the cultural relics in the project area and submerged area, should find out the distribution, confirm the protection value, adhere to the principle of protection first, rescue first, focus on protection, focus on excavation.