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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388796.shtml

Sichuan province, the construction of large water conservancy and hydropower project implementation measures for the land requisition compensation and Resettlement Ordinance

    (March 19, 2013, Sichuan provincial people's Government at the 4th Executive meeting April 9, 2013 and Sichuan provincial people's Government announced order No. 268, come into force on June 1, 2013) Chapter I General provisions

    First for the implementation of the medium and large water conservancy and hydropower engineering construction compensation and Resettlement Ordinance, in Sichuan province, these measures are formulated.

    The second resettlement implementation of resettlement and migration policy, upfront compensation subsidies combined with follow-up support and safeguard the legitimate rights and interests of migrants, migrants meet or exceed original standard of living.

    Article classification of government leadership, the resettlement work is responsible for, County, projects on the basis of legal persons for participation in management.

    Province Water Conservancy and hydropower project migration authorities (hereinafter referred to as the province's immigration authority) is responsible for the province's large and medium hydropower project management and oversight of the resettlement work.

    Provincial development and reform (energy), land resources, environmental protection, housing and urban-rural construction, water conservation, forestry, culture and other sectors within the scope of their respective duties to do related work.

    City (State), counties (cities and districts) implementation body, the people's Government to implement the main duties and responsibility, in charge of the resettlement work and social stability within the administrative area.

    Chapter II resettlement plan

    Article fourth project legal person or project authorities declared that the construction before the announcement, rules for the preparation of the inventory of the property and its programme of work.

    Physical investigation details and programme of work with the city (State), counties (cities and districts) immigration authorities after the consent of the people's Government at the same level, in accordance with the relevant provisions of the province's immigration authorities confirmed. Article fifth project legal person or authority in real investigations before the start of the project, project covers and area should be County (municipal and district) people's Government proposes ban on project covers and submerged and moving into new construction projects in the region population notification applications. The County (city, district) people agreed escalation provincial people's Government.

    Circular issued by the provincial people's Government.

    Violation of stop notices released without compensation in kind, relocated to the population not to place. Article sixth project legal persons or departments in the provincial government after the announcement of the project, in conjunction with the local people's Government according to the inventory of the property details and programme of work, investigating body consisting of real investigative work. Findings should be signed by the investigator and ownership approved and published.

    Project legal person or physical survey of project authorities should be prepared and submitted to the city (State), County (city, district) people's Government.

    Article seventh project legal person or project authorities should prepare the resettlement plan outline, settlement and resettlement of County (city, district), city (State) Government approval, in accordance with the approval authority submitted to the provincial people's Government or the immigration authorities under the State Council for examination and approval.

    The County (city, district), city (State) Government should organize social stability risk assessment report the settlement and resettlement.

    Article eighth resettlement plan outline should be based on physical findings, and immigrant communities, immigration settlements in economic and social development and resource carrying capacity of the environment to prepare, and listen to local people's views of the residents, immigration and resettlement.

    Nineth resettlement plan outline should include resettlement task, where rural production resettlement, standards and evaluation and standard of living after the removal of migrants living forecasting, reservoir resettlement policies, above the flood line defines the affected area of principles, principles of resettlement planning and construction after the immigration arrangements and so on.

    Article tenth outline approved resettlement plan is to prepare the fundamental basis of the resettlement plan, should not be adjusted or modified; really necessary adjustments or modifications, shall be reported to the original approval authority.

    Article 11th project legal person or project authorities the resettlement plan shall be prepared and submitted to the provincial immigration authorities according to the established procedure for examination and approval.

    12th preparing resettlement plan should follow the local resettlement and relocation, centrally placed and dispersed settlement, the principle of combining Government resettlement and immigration independent placement.

    Prepare resettlement plan in conjunction with the relevant planning, industrial policy, the construction of new countryside and characteristic in ethnic minority areas, and widely listen to the views of immigration and resettlement of local residents.

    After resettlement in rural areas, migrants have with residents in resettlement areas comparable to land and other means of agricultural production.

    13th rural resettlement in resettlement plan, city (set) town, relocation, industrial relocation, special facility relocation or rehabilitation, immigration projects related to environmental protection, water conservation, protective construction, development and utilization of waters and resettlement support measures, land requisition compensation and resettlement Fund (estimated) calculation, resettlement implementation arrangements such as management and immigration building.

    Article 14th rural migrants should combine theory with practice, actively and steadily through multiple channels, multiple placement.

    Rural immigrants settlement under the new village (settlement) construction standard layout, or in conjunction with the construction of small towns, rational planning of infrastructure and public utilities.

    15th City (set) the relocation of the town should be based on the situation, overall planning, rational distribution, keeping local characteristics and traditional styles to meet disaster prevention and public health and safety requirements.

    16th professional rehabilitation should build on the current situation of the project, rational determination of construction standard and size.

    Article 17th resettlement plan should co-ordinate the project construction schedule and immigration work, resettlement progress should be modest ahead of the construction schedule.

    Resettlement planning aspects of the 18th approved by provincial immigration authorities or commissioned by the city (State), County (city, district) people's Government announced to the resettlement and social.

    19th approved resettlement plan should be strictly enforced, should not be adjusted or modified; really necessary adjustments and modifications, submitted to the original examination and approval authority for approval.

    Chapter III compensation of land requisition

    Article 20th large and medium water resources and hydropower engineering projects accounted for and flood affected area by the construction project legal person to which the County (city, district) apply in land land administrative departments of people's Governments, escalation for approval.

    Land for resettlement by the County (city, district) people's Government in accordance with the relevant provisions of the State. Section 21st arable land, gardens, woodland, grassland, and compensation shall be governed by the relevant provisions of national and provincial.

    Local residents year round farming and legal use of State-owned land should be compensated in accordance with the relevant provisions.

    22nd has been expropriation (requisition) scattered trees, land and other athletes, according to the relevant provisions of national and provincial compensation; insufficient rural immigrants ' housing compensation based on basic housing standards for the construction of housing, should be given adequate assistance.

    After the immigrants moved far, flooding online and in the context of the collective economic organizations belong to individual migrants all the scattered trees, houses and outbuildings, and should pay compensation.

    Article 23rd of cultivated land occupied by construction of large water conservancy and hydropower project, should implement the provisions for the balance, add the same quantity and quality of arable land.

    The fourth chapter resettlement

    Article 24th large hydroelectric projects begun, project legal person should work with provincial people's Government or its designee's immigration authorities signed a settlement agreement; medium hydroelectric projects begun, project legal person with the (State) Government or its designee's immigration authorities signed a settlement agreement. Article 25th project legal person shall before the end of October of each year, to sign resettlement agreements, local people's Governments at or commissioned by the management bodies for the next annual resettlement plans.

    The local people's Government or commissioned by the immigration authorities should be before the end of December in each year, according to the resettlement planning and project legal person's annual resettlement plan, in full consultation with all parties on the basis of administrative area of tissue preparation and release of the resettlement plan for next year. Local people's Governments at all levels should strictly implement the resettlement plan, should not be adjusted.

    Absolutely necessary to adjust, due in October of that year step by step the original issue annual plans of the local people's Governments at or commissioned by the immigration authorities to adjust.

    Article 26th rural immigrants in the County (city, district) agricultural place, counties (cities and districts) immigration authorities planning production relocation costs should be paid in full directly to the relocatees ' collective economic organizations, for resettlement.

    Rural migrants in the County (city, district), agricultural settlement, immigrant districts and counties (cities, districts) people's Governments should work with immigrant settlement district (municipal and district) people's Government signed a settlement agreement, and according to the agreement the appropriate compensation and resettlement expenses to the resettlement of district (municipal and district) people's Government, used for scheduling the production and life of immigrants. 27th rural migrants choose relatives, self-employed, job placement, I should be with your local township (town) people apply to County (municipal and district) people's Government and the County (city, district) immigration authorities signed an agreement.

    The County (city, district) migration management institutions according to the approved standards, production relocation costs paid in full directly to individual migrants.

    28th personal housing relocation and immigration and subsidiary buildings, scattered trees and all athletes, agricultural facilities and other personal property payments, by immigrants County (municipal and district) immigration authorities to honour in full directly to immigration.

    29th rural collective economic organizations of expropriated land compensation, resettlement after the met production resettlement, the remaining funds by members of the rural collective economic organization General Assembly or members of Congress to discuss forming schemes reported to the County (city, district) for approval before use.

    30th City (set) of town relocation, industrial relocation, project relocation or rehabilitation facilities compensation fee, local people's Governments at or above the county level by immigrant communities to the local people's Government or the relevant units.

    31st resettlement completed milestones and the resettlement work has been completed, commissioned by the provincial people's Government, or its acceptance of the relevant departments.

    Late fifth chapter support
Article 32nd special stage of water storage in large and medium hydropower project migrants after acceptance, area where the County (city, district) area should be the unit, the people's Governments above the County as a unit, prepared immigrants supporting planning, according to relevant regulations of the State and province for approval.

    33rd article does not require the preparation of reservoir resettlement support planning or supporting planning for reservoir resettlement without approval, and not the allocation of reservoir resettlement funds.

    Article 34th immigrant support range is large and medium hydropower project migrants in the late and resettlement; supporting objects are large and medium sized Water Conservancy and hydropower projects of rural migrants, support for a period of 20 years.

    On relocation of rural migrants, supporting funding direct subsidies; production resettlement of rural migrants is not moving, according to the migrant wishes could be taken straight up or in the collective economic organizations in the implementation of project support, or take the form of combining production grants and project support support.

    35th County (municipal and district), city (State) shall organize the relevant departments under the people approved the registration step by step registration approved by the provincial immigration authorities. Supporting dynamic management of population. Into supporting the relocation and resettlement of migrants, from the complete relocation of months counted from the migration period support direct funding.

    Do not move only for production placement of immigrants, immigration period support plan is approved next month, fulfilled the implementation of resettlement policies.

    Article 36th counties (cities, districts) migration management agencies such as government organizations supporting project planning and approval by the provincial provisions. 37th follow-up support after the completion of the project, organize relevant departments to make checking by migration management agencies. Acceptance of the project by project level, immigration permission level assuming responsibility for investment and management.

    After project acceptance through, should be submitted to the next higher immigration filings and by transferring the relevant administrative departments in a timely manner.

    Supervision and administration of the sixth chapter Article 38th construction of large water conservancy and hydropower project migrants land compensation and resettlement funds should be implemented according to the project account management, open program funds accounts, storage, special accounts accounts accounts.

    The fruits during storage should be classified in the appropriate project shall not be diverted to any other use. 39th immigration capital program management. Large hydro engineering project legal person according to provincial immigration authorities ordered construction of the annual plan for the land acquisition and resettlement, in accordance with progress staging migrant resettlement funds paid into the province's immigration authorities.

    Provincial immigration authorities on project progress and comprehensive supervision on the resettlement allocation to the next level of management in a timely manner and related implementation units.

    Medium size Water Conservancy and hydropower engineering resettlement funds allocated by the municipal (State) immigration resettlement fund management authority on the lines of large water conservancy and hydropower project management measures.

    40th audit, monitoring bodies and financial departments according to law on compensation of land requisition and resettlement and supporting the allocation of funds, audit, monitoring and supervision and management.

    The County (city, district) above or their migration management should periodically up government institutions to report immigration or migration management financial management and implementation of the annual plan, the project legal person informed about allocation, use and management of funds.

    41st provincial immigration authorities shall organize internal audits audit of large and medium hydropower project migrants funds.

    42nd province, city (State) migration management and project legal person shall take tender, entrust the corresponding qualification units of large and medium hydropower project of comprehensive supervision on the resettlement, independent assessments.

    Provincial immigration authorities responsible for supporting large water conservancy and hydropower project monitoring and assessment work carried out.

    Article 43rd County (municipal and district), city (State) authority should complete the resettlement of migrants and supporting statistical work, and progressive provincial immigration authorities.

    44th the County (city, district) people's Government above the immigration authorities and project legal person shall establish and manage the migration files. Article 45th in the process of land requisition compensation and resettlement and supporting immigrants considered violations of their legitimate rights and interests according to law to the County (city, district) above or the immigration control mechanisms. The County (city, district) people's Government above or their immigration authorities through intermediaries to verify immigrants reflects the issues and coordination.

    Immigrants also may initiate litigation to the people's Court according to law.

    The seventh chapter legal liability

    Article 46th acts in violation of these measures, laws, regulations, penalties, from its provisions.

    47th implementation, planning, design, monitoring (logging) falsification or concealment of evaluation units, extending a major problem by the relevant people's Government or the relevant Department, agency ordered corrective action and managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.

    The eighth chapter by-laws 48th article of the rules take effect on June 1, 2013.