Some Provisions of Jiangxi Province on Resettlement Returning Farmland to Lake and Building Town

Chapter I General Provisions Article 1 In order to implement the national "closing hillsides to facilitate afforestation and returning farmland to forests"; Leveling embankments for flood discharge and returning farmland to lakes; According to the principle of "work for relief, resettlement to build towns, reinforcement of dry dikes, dredging of rivers and lakes", this provision is formulated to strengthen the management of Hong Ping embankment, returning farmland to lakes and resettlement to build towns. Article 2 These Provisions shall apply to flood levees, returning farmland to lakes and resettlement to build towns approved within the administrative area of this province. Article 3 Leveling embankments for flood control, returning farmland to lakes, and resettling people to build towns shall follow the following principles:

(1) Double-retreating dikes, the land below the water level of the corresponding lake mouth of 22 meters (Wusong elevation, the same below) or below the flood level of the same river section in 20 years is retreated to the waters or beaches, and residents living below the corresponding elevation in the dikes are moved to towns outside the dikes;

(II) Single withdrawal of dikes, land reclamation in low water, lake withdrawal for flood storage at high water level, and residents living in dikes below the corresponding water level of 22 meters at the estuary or below the flood level of 20 years in the same river section move out of their original residence to build towns;

(3) In the flood storage and detention area, residents living below the water level of the corresponding lake mouth in the polder area 22.5 meters moved out of their original residence and immigrated to build towns;

(4) On the Bund, residents who live below the water level of the corresponding lake mouth of 22 meters or below the flood level of the same river in 20 years will move out of their original residence and emigrate to build towns. Article 4 Leveling embankments for flood discharge, returning farmland to lakes, and building towns by immigrants shall be planned in an overall way and scientifically demonstrated, and the principles of being conducive to flood control and disaster reduction, to the production and life of people in disaster areas, to the economic development of the lake area, to improving the ecological environment of the lake area, and to promoting the construction of small towns shall be adhered to. It is forbidden for immigrants to move backward, not to demolish the old areas and return to their bases, and to abandon dikes in a false way. Article 5 The relevant municipal and county (district) people's governments shall strengthen their leadership over the work of leveling embankments for flood discharge, returning farmland to lakes and building towns for immigrants, implement the chief executive responsibility system, take effective measures to create favorable conditions for immigrants to live and work in peace and contentment and develop production, and designate departments to be responsible for daily management. Article 6 The relevant departments of the people's governments at or above the county level shall perform the following duties in the work of leveling levees in flood rivers, returning farmland to lakes and building towns by immigrants:

(a) the planning department is responsible for the coordination and comprehensive balance of the plan;

(2) The financial department shall allocate, supervise and manage the resettlement funds in accordance with relevant regulations;

(3) The water conservancy department is responsible for planning the construction of measures for leveling and retreating dikes, organizing the preparation of the design of engineering construction projects, doing well the preliminary work such as the examination and approval of construction projects and related implementation work in accordance with the basic construction procedures, and assisting the flood control headquarters in formulating the flood dispatching plan for leveling and retreating dikes;

(four) the construction department is responsible for organizing the planning and design of new residential areas, guiding the construction and supervising the quality;

(five) the department of land and resources is responsible for the planning and supply of land needed for immigrants to build towns, organizing land reclamation and finishing, and handling land registration and certification;

(six) the agricultural department is responsible for organizing the adjustment of the agricultural industrial structure of immigrants and guiding the development of agricultural production;

(seven) the power sector is responsible for the power planning, design and construction of new residential areas, giving priority to the transformation of rural power grids;

(eight) the transportation department is responsible for providing financial support for the construction of foreign roads in new residential areas above grass-roots villages;

(nine) the education department is responsible for organizing the planning and construction of new residential primary and secondary schools;

(ten) the health department is responsible for organizing the planning, construction and schistosomiasis control of medical and health institutions in newly built residential towns;

(eleven) the supervision department is responsible for accepting reports from the masses and promptly investigating violations of law and discipline;

(twelve) the audit department shall regularly audit the funds for the construction of towns by immigrants in accordance with the law to ensure that the funds are true, legal and efficient;

(13) Forestry, grain, local taxes, civil affairs, telecommunications, prices and other departments should, according to their respective functions and duties, cooperate closely and do a good job in guiding, serving, managing and supervising the work of leveling embankments for flood discharge, returning farmland to lakes and building towns by immigrants. Article 7 The relevant municipal, county (district) and township (town) people's governments shall establish a strict fund management system to ensure that the funds used for flood discharge in flood storage areas, returning farmland to lakes and building towns by immigrants are earmarked. Chapter II Rights and Obligations of Immigrants Article 8 Immigrants shall be determined according to the following principles:

(a) the provisions of article third to determine the permanent population must move out;

(two) there is a set of housing for their perennial residence and there is no single-family (set) housing outside the scope of the provisions of Article 3;

(three) has set up a separate account in accordance with the law and undertake the obligation of village retention and township planning. The time of household separation shall be based on the households built before June 30th, Phase I and Phase II1998, and the households built before June 30th, 2000 shall be based on the newly added immigrants within the scope of flat embankment after Phase III. When opening a separate account, if the father is over 60 years old, the mother is over 55 years old, and the children have already enjoyed the immigration subsidy funds, their parents will no longer enjoy the immigration subsidy funds alone.

People's governments at the county level with resettlement tasks shall, in accordance with the principles stipulated in the preceding paragraph, proceed from local conditions, formulate specific standards for the number of immigrant households on the premise of ensuring that all residents who should move out within the scope of resettlement dikes move out, announce them to the public, and report them to the Provincial Immigration Office for the record.

Identified as immigrant households, posted in the village as a unit. Article 9 Immigrants shall enjoy the following rights:

(a) according to the provisions of the provincial government to enjoy the national full resettlement housing subsidies;

(2) Enjoy the eight preferential policies stipulated in the Decision of Jiangxi Provincial People's Government on Post-disaster Reconstruction and Radical Cure of Floods (Ganfa [1998] No.22);

(three) to participate in village management according to law;

(4) Enjoy the same rights as local residents.