Advanced Search

Sichuan Province, The Construction Of Large Water Conservancy And Hydropower Project Implementation Measures For The Land Requisition Compensation And Resettlement Ordinance

Original Language Title: 四川省《大中型水利水电工程建设征地补偿和移民安置条例》实施办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Modalities for the implementation of the Greater Medium-Term Hydrographic Engineering and the Immigration Placement Regulation

(Summit 4th ordinary meeting of the Government of the Sichuan Province, 19 March 2013, considered the adoption of Decree No. 268 of 9 April 2013 by the Government of the Sichuan Province, effective 1 June 2013)

Chapter I General

Article 1 provides for the implementation of the Ordinance on Reimbursement and Immigration Placement for the Construction of Large- and Medium-Term Hydropower Engineering, which is developed in conjunction with the Sichuan Province.

Article 2

Article 3. Migration placement is governed by the Government's leadership, ranking, district-based and project legal entities.

The authorities of the provincial hydroelectric engineering immigration authorities (hereinafter referred to as the provincial immigration authority) are responsible for the management and supervision of the management of and supervision of the integration of small-scale hydropower works throughout the province.

Provincial development reforms (energy), land-based resources, environmental protection, rural and urban construction, water, forestry, culture, etc.) are well-established within their respective responsibilities.

The Government of the city (States), districts (communes, districts) performs the duties of the subject matter of work, the subject and the responsibility of the various actors and responsibilities and is responsible for the resettlement and social stability of migrants within the present administration.

Chapter II

The rules for physical investigation and the programme of work shall be prepared by a corporate or project authority of Article IV prior to the declaration of the suspension.

The rules and programme of work in kind are confirmed by the authorities of the city (State), the district (communes, districts) and immigration authorities with the consent of the same-ranking people.

Prior to the start of the physical investigation exercise, the project legal or project authorities shall submit to the Government of the people of the engineering land and infine areas (markets, zones) applications for the publication of new construction projects and relocation of population announcements in the area of engineering and inland areas. The People's Government of the District (communes, districts) has reported on the provincial government on a case-by-step basis. The announcement was issued by the Government of the Provincial People.

In violation of the announcement, new in kind is not compensated and the population is not placed.

Project legal persons or project authorities, upon the issuance of the Provincial People's Government's announcements, will form a survey group to conduct physical investigations in accordance with the rules of physical investigation and the programme of work. The findings should be endorsed and communicated by the investigators and the author. Project legal persons or project authorities shall prepare in-kind investigation reports and shall be confirmed by the Government of the city (State), district (community, region).

Article 7 project legal persons or project authorities shall prepare a plan for the resettlement of migrants, which shall be submitted to the Government of the People of the province or to the immigration administration of the State, with the consent of the IOMC and the IOMC.

The communes (communes, districts), municipalities (states) should organize the preparation of a report on socio-sustainability risk assessment in the migrant areas and migrant resettlement areas.

The IOM planning outline shall be prepared in accordance with physical findings and the economic and social development of the IOMC, as well as the capacity to deliver resources, and the views of the local people's Governments, migrants and the residents of the migrant resettlement area.

The IOM planning outline should include, inter alia, the tasks of immigration resettlement, referrals, standards and rural immigration production resettlement patterns and post-removable living standards for migrants, post-communication policies for the post-hydro migration period, the principle of delineation of the area affected by the influenza, the principles for the planning of immigration resettlement planning and the establishment of arrangements for post-migration.

Article 10, which has been approved, is a basic basis for the development of a plan for the resettlement of migrants and cannot be adjusted or modified without any intentional adjustments or modifications, and shall be submitted to the approval of the former approving authority.

Project legal persons or project authorities shall prepare plans for the resettlement of migrants and report to the provincial immigration authorities for approval under the prescribed procedures.

The development of immigration resettlement planning should be guided by the principle of local integration and separation, government placement and immigration ownership.

The development of immigration resettlement planning should be aligned with relevant planning, industrial policy, new rural construction and the characteristics of ethnic minority areas, and widely listen to the views of migrants and migrant resettlement communities.

After the resettlement of rural migrants, migrants should be enabled to have agricultural production information, such as land that is essential to the population of the migrant resettlement area.

Article 13 Planning for the resettlement of rural migrants, urban (catch) town relocation, construction or rehabilitation of mined enterprises, migration engineering-related environmental protection, water security, protection works, water development of water resources, post-migration enabling measures, expropriation compensation and immigration resettlement funds (estimate) and migration resettlement management and pre-migration.

Article 14. Rural migrants should be made in the context of actual, positive and environmentally sound channels and multiple forms of resettlement.

Rural migrant settlements can be properly planned and publicized in accordance with the construction of standard Bus in new rural areas, or with small towns.

The relocation of the town (catch) should be based on the status quo, integrated planning, rationalization and maintenance of local stereotypes and traditional landscapes to meet requirements such as disaster prevention and public health and safety.

Article 16 re-engineering of specialized projects should be based on the status quo and should be based on reasonable criteria and scale.

Article 17 Migration resettlement planning should integrate progress in construction and progress in the work of migrants, and the progress of immigration resettlement should be overestimated.

The relevant elements of the approved immigration resettlement planning shall be made public by the provincial immigration authorities or by the Government of the people of the county (States), districts (communes, districts) to the migrants' relocation targets and society.

The approved immigration resettlement planning shall be strictly enforced and shall not be adjusted or modified accordingly; it is necessary to adjust and modify it and to report on the approval of the ex-approval body.

Chapter III

The mainland and flooding of hydroelectric works in Article 20 are carried out by the engineering construction project legal persons to the land administration authorities of the Government of the People's Land in the Territory (communes, areas) to make applications for approval on a case-by-tier basis.

The relocation of migrants is governed by the relevant provisions of the State.

Article 21 provides compensation in accordance with the relevant provisions of the State and the province. The use of State-owned land used by local residents for the regular year of farming and for use by law shall be compensated in accordance with the relevant provisions.

Article 2 is charged with sporadic trees on land (used) and young trees, etc., which are compensated in accordance with the relevant provisions of the State and the province, and compensation for rural migrant homes is not sufficient to build homes in accordance with the provincial basic housing standards and should be given adequate support.

Reimbursement shall be given to all spousal, house and subsidiary buildings belonging to migrants who fall on the inundation line and within the former collective economic organization.

The construction of cultivated cultivated arable land in Article 23 shall be carried out in order to supplement the same quantity and quality of arable land.

Chapter IV Migration resettlement

Prior to the start-up of large hydropower works, project legal persons shall enter into immigration resettlement agreements with the Government of the Provincial People or the immigration administration entrusted by them; prior to the start-up of the medium-hydro hydropower works, and the project legal persons shall enter into immigration resettlement agreements with the Government of the People's Republic or the immigration administration that they have commissioned.

Article 25 project legal persons shall submit the next annual immigration resettlement plan to the local people's Government or the immigration administration that it has signed an agreement on immigration resettlement by the end of October of each year. The Government of the local population or its commissioning immigration administration shall be organized and made available for the next year of the administrative region, on the basis of the recommendations of the annual immigration resettlement plan for migrant integration planning and project legal persons, by the end of December of each year.

Governments at all levels should strictly implement the annual plan for the resettlement of migrants and should not be adjusted accordingly. Adjustments were required, which should be adjusted by the local people's Government or the immigration management agencies entrusted to it in October of the year-by-step report.

Article 26 Rural migrants are housed in rural areas (communes, districts) and the immigration management agencies of the district (markets, zones) should pay the planned production settlement fee directly to the collective economic organization of the settlement area for the resettlement of migrants.

Rural migrants are housed in rural areas (communes, districts) and the people of the communes (communes, districts) shall enter into immigration resettlement agreements with the Government of the people of the communes (communes, districts) and, in accordance with the agreement, pay compensation and immigration resettlement costs to the communes (communes, districts) for the purpose of organizing the production and life of migrants.

Article 27 provides that rural migrants choose to take part in their homes, self-employment, self-employment and self-employment, and shall apply to the local communes (communes) government, and enter into agreements with the district (markets, areas) immigration management authorities, with the approval of the Government. The immigration administration in the district (communes, areas) is paid directly to the migrants in full on the basis of the criteria that are validated.

Article 28 Removal fees, as well as personal property compensation payments for migrant personal homes and subsidiary buildings, all sporadic trees and artisanals, agro-industries, are paid directly to migrants by immigration authorities in the Immigration Region (markets, zones).

Article 29 Reimbursement for land levied by the Rural Collective Economic Organization and the Residence of the Residence for the Residence of the Residence of the Residence of Migrants, the remaining funds were discussed by the Assembly or by members of the Rural Collective Economic Organization on behalf of the General Assembly to report on the use of the funds approved by the People's Government of the District (market, area).

Article 33 (c) Removal of the town, relocation of the mined enterprises, relocation of specialized facilities or re-engineering of compensation charges, which are referred to the local people's government or related units by the local people's government over the district of immigration.

Article 31, after the completion of the phase of immigration resettlement and the completion of the immigration resettlement process, was organized by the Government of the province or its relevant departments.

Introduction

The Government of the above-mentioned population in the treasury area (communes, districts) shall organize post-migration support planning and be submitted in accordance with the relevant provisions of the State and the province, after the receipt of the specific qualifications of migrants at the medium-sized hydropower engineering phase of Article III.

Article 33 does not require the preparation of post-communication planning or post-communication planning for the arsenal immigration period, and the relevant units shall not disburse the post-community support fund.

Article 34 XIV of the post-migration period is a large-scale medium-scale hydroelectric engineering and immigration resettlement area, with the target of rural migrants who are large-scale hydro-hydro works, with an enabling period of 20 years.

In rural migrants who are relocated, back-to-date enabling funds have been replicated; rural migrants who do not relocate only for productive resettlement could be supported either by replication or by projects within the collective economic organization, either by means of combining productive livelihood subsidies with project support.

Article XV (markets, zones), municipalities (States) shall organize the authorized registration of the population in the relevant sectors and report on the results approved by the provincial immigration administration.

The latter period of enabling population is managed dynamically. The reintegration of migrants in the post-removal period has resulted in the calculation of an enabling fund for the post-migration period starting with the completion of the relocation period. Migrants who do not relocate to productive settlements should be able to follow up on the post-migration enabling policy by enabling planning for a period of time after the migration period.

Article 36

Following the establishment of the post-promote project, the relevant sectors of the organization of the immigration administration were collected. Project receipts should be vested at the project level, in terms of migration investment and management. Upon receipt of the project, the top-level immigration management authorities should be reported and transferred to the relevant management in a timely manner, as required.

Chapter VI Oversight management

Reimbursement and immigration resettlement funds for medium- and medium-sized hydropower engineering migrants should be administered with exclusive household management under the construction project, the establishment of funds for immigration projects, exclusive storage, accounting. The proceeds during the storage period should be included in the corresponding projects and no diversion should be made.

Article 39 provides for the management of immigration funds. Large hydroelectric engineering project legal persons shall be allocated to provincial immigration authorities in accordance with the annual plan for the construction of the IOMC, in accordance with the annual plan for the establishment of the provincial immigration authorities. The provincial immigration management authorities, in accordance with the progress of project implementation and the advice of the Integrated Office of the Ombudsman for Migration, have made timely payments to the lower-level immigration management and related implementation units.

The funds allocated for the medium-sized hydropower works are administered by the urban (State) immigration administration, taking into account the management of the funds for migrants for large hydropower works.

Article 40 Audits, inspection agencies and the financial sector carry out audits, inspections and oversight under the law on the payment, use and management of expropriation and immigration resettlement and subsequent enabling funds.

The above-mentioned people's governments or their immigration authorities shall report regularly to the Government of the people at the grass-roots level or their immigration management on the management of immigration funds and the implementation of the annual funding plan, and inform project legal persons about the disbursement, use and management of funds.

Article 40. The provincial immigration authorities shall organize internal audit inspections of funds for large-scale hydropower works.

Article 42, the authorities and project legal persons in the provinces, municipalities (States) shall apply to solicitation and co-authorize units with corresponding qualifications to carry out integrated and independent assessment of the management of hydropower works.

The provincial immigration authorities are responsible for organizing an enabling monitoring assessment for the period leading to the large-scale hydroelectric work.

Article 43 Community (commune, district), municipal (state) immigration authorities should be well placed in immigration resettlement and subsequent support statistics and be reported on a case-by-step basis to provincial immigration authorities.

The immigration management authorities and project legal persons should be established and managed in the case of immigration work files.

Article 42, in the process of compensating, settling and reintroducing, migrants believe that their legitimate rights and interests are infringed, can be appealed by law to the Government of the above-mentioned people (markets, areas) or their immigration authorities. The above-mentioned people's governments or their immigration authorities can verify and coordinate the issues reflected by migrants through intermediaries. Migrants can also be prosecuted by law to the People's Court.

Chapter VII Legal responsibility

Article 46, in violation of the scheme of implementation, provides for penalties under the law, legislation and regulations.

Article 47 provides for the enforcement, planning, supervision and evaluation of units such as probationary or concealment, extension of critical issues, to be redirected by the Government of the people concerned or its relevant departments, agencies responsible, and administrative disposition of the responsible person and other direct responsibilities under the law; and criminal responsibility is lawfully prosecuted.

Chapter VIII

Article 48 is implemented effective 1 June 2013.