Regulation on the Migrants for the Construction of the Three Gorges Project of Yangtse River (2011修订)

Regulation on the Migrants for the Construction of the Three Gorges Project of Yangtse River (2011修订) Regulation on the Migrants for the Construction of the Three Gorges Project of Yangtse River (Adopted by the Order No. 299 of the State Council on February 21, 2001，amended in accordance with the Decision of the State Council on Amending Some Administrative Regulation by the Order No. 588 of the State Council on January 8, 2011) Chapter I General Provisions Article 1 These Regulations are formulated for the purpose of accomplishing the residents-resettlement work for the Three Gorges Project construction and protecting the lawful rights and interests of residents to be resettled, so as to guarantee the Three Gorges Project construction and promote the economic and social development in the Three Gorges reservoir area. Article 2 These Regulations apply to the residents-resettlement for the Three Gorges Project construction. Article 3 In the Three Gorges Project construction, the development-oriented residents-resettlement guideline shall be enforced, under which the residents-resettlement funds shall be used in an overall way, the resources rationally exploited, the ecological environment protected and the residents to be resettled properly relocated to ensure that their working and living conditions reach or surpass their previous level and that favorable conditions are created for the economic and social development in the Three Gorges reservoir area. Article 4 The residents-resettlement work for the Three Gorges Project construction shall be integrated with the construction of the Three Gorges reservoir area, the opening-up of the riverine regions, water and soil conservation and environmental protection. Article 5 The residents-resettlement in the Three Gorges Project construction shall follow the principle of combining the State support and aid from outside with self-reliance, and shall implement the guideline of combining financial compensation or allowance at the earlier stage with support through production at the later stage, giving due consideration to the interests of the State, the collective and the individuals. The people's governments and the people in the Three Gorges Project inundated areas or in the residents-resettlement areas shall take the interests of the whole into account, be subordinated to the State overall arrangement, and properly handle the relationship between residents- resettlement and economic development. Article 6 The principle of responsibility for both the task of residents-resettlement and the funds for residents-resettlement shall be adopted in the residents-resettlement work for the Three Gorges Project construction. Article 7 The State shall compensate the residents-resettlement for the Three Gorges Project construction according to law. Specific compensation rates shall be calculated and worked out by the resettlement administrative organ of the State Council Three Gorges Project Construction Committee jointly with the relevant departments of the State Council, and be implemented after approval by the State Council. Article 8 The management system of unified leadership with the provinces (or municipalities directly under the Central Government) concerned taking the charge and the counties as the basis shall be adopted for the Three Gorges Project construction residents-resettlement work. The State Council Three Gorges Project Construction Committee is the leading and decision-making body for the residents-resettlement work for the Three Gorges Project construction. The resettlement administrative organ of the State Council Three Gorges Project Construction Committee shall be responsible for the residents-resettlement work for the Three Gorges Project construction. The people's governments of Hubei Province and Chongqing Municipality shall be responsible for the residents-resettlement work in the Three Gorges Project construction within their respective administrative regions, and shall set up Three Gorges Project construction resettlement administrative organs. The people's governments of the cities, counties and districts in the Three Gorges Project inundated areas and the residents-resettlement areas shall be responsible for the residents-resettlement work for the Three Gorges Project construction within their own administrative regions, and may, when necessary, set up their Three Gorges Project construction resettlement administrative organs. Chapter II Settlement of Resettled Residents Article 9 A residents-resettlement plan shall be compiled for the residents relocation for the Three Gorges Project construction. The residents-resettlement plan shall dovetail with the overall plan of land utilization. The Yangtze River Water Resource Committee of the Ministry of Water Resources shall, jointly with the people's governments of Hubei Province and Chongqing Municipality, be responsible for compiling the Outline for the Yangtze River Three Gorges Project Reservoir Inundation Handling and Residents- Resettlement (hereinafter referred to as the Outline), which shall be submitted to the State Council Three Gorges Project Construction Committee for examination and approval. The people's governments of Hubei Province and Chongqing Municipality shall, in accordance with the Outline, be responsible for organizing the people's governments of the cities, counties and districts concerned within their own administrative regions to compile their residents-resettlement plans, approving their plans, compiling on the consolidated basis the residents-resettlement plans of the respective province and municipality directly under the Central Government and submitting them for the record to the State Council Three Gorges Project Construction Committee. The resettlement administrative organ of the State Council Three Gorges Project Construction Committee shall strengthen supervision over the implementation of the residents-resettlement plans. Article 10 The residents-resettlement plans, after being approved, shall be strictly implemented and no adaptation or modification is permitted without authorization; where it is necessary indeed to be adapted or modified, it shall be reported for approval according to the original examining and approving procedures. Article 11 The land to be used for the Three Gorges Project construction shall be examined and approved once for all, but be appropriated by stages according to the approved plan, and shall go through the procedures for registration of the change in ownership of the land. The land to be used for residents' relocation and building for the Three Gorges Project construction shall be strictly controlled in scale and, in accordance with the overall plan of land utilization and the annual plan of land utilization, be reported in separate batches and level by level to the people's government at or above the provincial level for the procedures for the assignment of the land use from agriculture purposes and for the land expropriation or requisition. The land to be used for residents' relocation and building shall not be transferred or used for projects not for resettlement purposes. Article 12 The rural residents to be resettled whose land has been all requisitioned due to the Three Gorges Project construction and residents-relocation, and who have been assigned to work in the second and tertiary industries or found work by themselves may, with their own consent and approval by the people's government of the county or district concerned, change from agricultural to nonagricultural status. Article 13 The local people's governments in the residents-resettlement areas shall make reasonable adjustments in land and encourage the resettled residents to develop quality, efficient and high-yield agriculture and eco-agriculture in the resettlement areas; in the areas where conditions permit, the resettled residents may be arranged by developing the second and tertiary industries. Article 14 The residents-resettlement in the Three Gorges Project construction shall combine resettlement in the local region with resettlement in other regions, concentrated resettlement with scattered resettlement, and resettlement by government with resettlement by their own efforts. Resettled residents shall first be relocated in their own local counties or districts; if the local counties or districts are incapable, the people's governments of Hubei Province and Chongqing Municipality shall relocated them in other cities, counties or districts in their respective administrative regions; if Hubei Province and Chongqing Municipality are still incapable, they shall be relocated in other provinces, autonomous regions or municipalities directly under the Central Government. Article 15 If rural residents to be resettled need to be relocated in other rural collective economic organizations in their own local counties or districts, the rural collective economic organizations shall sign agreements with the resettlement administrative organs or departments responsible for the resettlement administration work of the people's governments of the counties or districts, and make arrangements for the production and livelihood of the residents to be resettled according to the agreements. Article 16 Where the residents to be resettled cannot be relocated in their own local counties or districts and need to be relocated in other cities, counties and districts within the administrative regions of Hubei Province or Chongqing Municipality, the people's governments of the cities, counties or districts where they will move out and where they will resettle shall sign agreements and go through relevant procedures. Where the residents to be resettled need to be relocated in regions other than Hubei Province or Chongqing Municipality, the people's government of Hubei Province or Chongqing Municipality shall respectively sign agreements with the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government where the residents to be resettled are relocated, and go through relevant procedures. Article 17 Regions getting benefits from the Three Gorges Project, the provinces, autonomous regions and municipalities directly under the Central Government, or their subordinate cities, counties or districts where the conditions permit, shall accept the rural residents to be resettled from the Three Gorges reservoir area who are arranged by government or who come of their own accord to their relatives or friends for help, go through relevant procedures in time, and make overall arrangement for their production and livelihood. The rural residents to be resettled from the Three Gorges reservoir area who come of their own accord to go and live with their relatives and friends for help shall bear relevant certificates issued by the people's governments of the counties or districts where they move out. Article 18 With respect to the relocation of rural residential communities, construction plans for new residential areas shall be worked out in accordance with the resettlement plans. The new residential area construction plans being worked out shall be suitable for local conditions, and be conducive to production and convenient to livelihood. The infrastructures such as roads, water and ......