Measures for the Implementation of Regulations on Land Requisition Compensation and Resettlement for Large and Medium-sized Water Conservancy and Hydropower Projects in Henan Province

Article 1 In order to standardize the compensation and resettlement for land acquisition of large and medium-sized water conservancy and hydropower projects, safeguard the legitimate rights and interests of immigrants, and ensure the smooth progress of project construction, these measures are formulated in accordance with the Regulations on Compensation and Resettlement for Land Acquisition of Large and Medium-sized Water Conservancy and Hydropower Projects and relevant laws and regulations, combined with the actual situation of this province. Article 2 These Measures shall apply to land requisition compensation and resettlement of large and medium-sized water conservancy and hydropower projects within the administrative area of this province. Article 3 Adhere to the policy of developing immigrants first, then building immigrants, implement a management system of government leadership, graded responsibility, county-based and project legal person participation, and adopt a combination of pre-compensation, subsidy and post-support to make the per capita income of immigrants reach or exceed the average income level of local farmers. Article 4 The people's governments at or above the county level shall be responsible for the organization and leadership of the resettlement work of large and medium-sized water conservancy and hydropower projects within their respective administrative areas, determine the institutions responsible for the resettlement work according to the resettlement and post-support tasks in their respective administrative areas, and incorporate the work funds into the fiscal budget at the same level to ensure the normal development of the resettlement work.

The resettlement agencies of the people's governments of provinces and municipalities directly under the Central Government shall be responsible for the management, supervision, guidance and coordination of the resettlement of large and medium-sized water conservancy and hydropower projects within their respective administrative areas.

County (city, district) people's government immigration agencies responsible for the specific implementation of resettlement of large and medium-sized water conservancy and hydropower projects within their respective administrative areas. Article 5 The departments of development and reform, education, civil affairs, finance, human resources and social security, natural resources, ecological environment, urban and rural housing construction, transportation, water conservancy, agriculture and rural areas, health and wellness, auditing, forestry and cultural relics of the people's governments at or above the county level shall, according to their respective responsibilities, do a good job in relevant immigration work. Article 6 Large and medium-sized water conservancy and hydropower projects with established project legal persons shall be compiled by the project legal persons. The project legal person shall solicit the opinions of the people's governments of resettlement areas and counties (cities, districts) in the process of compiling the outline.

Large and medium-sized water conservancy and hydropower projects without a project legal person shall be compiled by the competent engineering department in conjunction with the resettlement areas and the people's governments at or above the county level in the resettlement areas. 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. Article 8 The physical investigation of the land occupied and flooded area of the project shall be conducted by the project legal person or the competent department of the project in conjunction with the people's government of the county (city, district) where the land occupied and flooded area of the project is located.

The project legal person or the competent department of the project shall apply to the people's government of the county (city, district) where the water conservancy and hydropower project covers an area and is submerged before the physical investigation begins. Notice of suspension of construction by the county (city, district) people's government submitted to the provincial people's government for approval and release. Involving water conservancy and hydropower projects in administrative areas at or above the county level, the provincial department in charge of projects shall solicit the opinions of the people's governments of cities and counties (cities, districts) under provincial jurisdiction, and submit them to the provincial people's government for approval and promulgation. Article 9 After the notice of suspension of work is issued, the project legal person or the competent department of the project shall, jointly with the people's government of the county (city, district) where the project covers an area and is flooded, conduct a physical investigation. The planning and design unit is entrusted by the project legal person or the competent department of the project to participate in the physical investigation.

The physical investigation shall be fair, objective, comprehensive and accurate, and the investigator and the owner shall sign the results of the physical investigation. The survey results shall be publicized in a prominent position of enterprises, institutions, communities and rural collective economic organizations in the project area and the flooded area, and the publicity period shall not be less than seven days.

After the completion of the investigation, the summary results of the physical investigation should be compiled, and the summary results of the physical investigation should be confirmed by the county (city, district) people's government as the basis for determining the resettlement tasks of land acquisition and resettlement for engineering construction. Article 10 The outline of resettlement planning mainly includes: the scope of land requisition for engineering construction, the results of physical investigation, the results of cultural relics investigation, the resettlement tasks, destinations and standards, the production and resettlement methods of rural migrants, the evaluation of the living standards of migrants and the prediction of their living standards after relocation, the support policies for reservoir resettlement in the later period, the principle of delineating the affected areas above the submerged line, the principles of resettlement planning, and the resettlement arrangements before construction. Eleventh resettlement planning outline should take the form of seminars, questionnaires, etc., to solicit the opinions of residents, enterprises and institutions, and professional engineering facilities ownership units in resettlement areas; If there are serious differences on the way and destination of resettlement, compensation standards and payment methods of funds, as well as production and living conditions in resettlement areas, opinions should be fully listened to through hearings and other means. Twelfth resettlement planning outline in accordance with the examination and approval authority submitted to the provincial people's government or the relevant state units for approval. When submitting the outline of resettlement planning, it shall submit the outline report of resettlement planning, the report of physical investigation, the materials for soliciting the opinions of immigrants and residents in resettlement areas, the opinions of the people's governments at or above the county level on the results of physical investigation and other relevant materials.

The provincial people's government shall solicit the opinions of the people's governments at or above the county level in the resettlement areas and resettlement places when examining and approving the outline of the resettlement plan prepared by the project legal person.

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.