Regulations on Resident Resettlement for the Yangtze River Three Gorges Construction Project (Revised in 2011)
Regulations on Resident Resettlement for the Yangtze River Three Gorges Construction Project (Revised in 2011)
Regulations on Resident Resettlement for the Yangtze River Three Gorges Construction Project (Revised in 2011)
Order of the State Council of the People's Republic of China [2001] No. 588
January 8, 2011
(Promulgated by Order of the State Council of the People's Republic of China No. 299 on February 21, 2001; and revised according to the Decisions of the State Council on Repealing and Amending Certain Administrative Regulations on January 8, 2011)
Chapter I General Provisions
Article 1 These Regulations are formulated for the purpose of accomplishing the resident resettlement work for the Three Gorges Construction Project and protecting the lawful rights and interests of residents to be resettled, so as to guarantee the Three Gorges Construction Project and promote the economic and social development in the Three Gorges reservoir area.
Article 2 These Regulations apply to the resident resettlement for the Three Gorges Construction Project.
Article 3 In the Three Gorges Construction Project, the development-oriented resident resettlement guideline shall be enforced, under which the resident 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 resident resettlement work for the Three Gorges Construction Project 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 resident resettlement in the Three Gorges Construction Project 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 resident 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 resident resettlement and the funds for resident resettlement shall be adopted in the resident resettlement work for the Three Gorges Construction Project.
Article 7 The State shall compensate the resident resettlement for the Three Gorges Construction Project according to law. Specific compensation rates shall be calculated and worked out by the resettlement administrative organ of the State Council Three Gorges Construction Project 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 Construction Project resident resettlement work.
The State Council Three Gorges Construction Project Committee is the leading and decision-making body for the resident resettlement work for the Three Gorges Construction Project.
The resettlement administrative organ of the State Council Three Gorges Construction Project Committee shall be responsible for the resident resettlement work for the Three Gorges Construction Project.
The people's governments of Hubei Province and Chongqing Municipality shall be responsible for the resident resettlement work in the Three Gorges Construction Project within their respective administrative regions, and shall set up Three Gorges Construction Project resettlement administrative organs.
The people's governments of the cities, counties and districts in the Three Gorges Project inundated areas and the resident resettlement areas shall be responsible for the resident resettlement work for the Three Gorges Construction Project within their own administrative regions, and may, when necessary, set up their Three Gorges Construction Project resettlement administrative organs.
Chapter II Settlement of Resettled Residents
Article 9 A resident resettlement plan shall be compiled for the residents relocation for the Three Gorges Construction Project. The resident 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 Construction Project 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 resident resettlement plans, approving their plans, compiling on the consolidated basis the resident 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 Construction Project Committee.
The resettlement administrative organ of the State Council Three Gorges Construction Project Committee shall strengthen supervision over the implementation of the resident resettlement plans.
Article 10 The resident 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 Construction Project 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 Construction Project 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. 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 expropriated due to the Three Gorges Construction Project 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 resident 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 resident resettlement in the Three Gorges Construction Project 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.
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Order of the State Council of the People's Republic of China [2001] No. 588
January 8, 2011
(Promulgated by Order of the State Council of the People's Republic of China No. 299 on February 21, 2001; and revised according to the Decisions of the State Council on Repealing and Amending Certain Administrative Regulations on January 8, 2011)
Chapter I General Provisions
Article 1 These Regulations are formulated for the purpose of accomplishing the resident resettlement work for the Three Gorges Construction Project and protecting the lawful rights and interests of residents to be resettled, so as to guarantee the Three Gorges Construction Project and promote the economic and social development in the Three Gorges reservoir area.
Article 2 These Regulations apply to the resident resettlement for the Three Gorges Construction Project.
Article 3 In the Three Gorges Construction Project, the development-oriented resident resettlement guideline shall be enforced, under which the resident 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 resident resettlement work for the Three Gorges Construction Project 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 resident resettlement in the Three Gorges Construction Project 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 resident 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 resident resettlement and the funds for resident resettlement shall be adopted in the resident resettlement work for the Three Gorges Construction Project.
Article 7 The State shall compensate the resident resettlement for the Three Gorges Construction Project according to law. Specific compensation rates shall be calculated and worked out by the resettlement administrative organ of the State Council Three Gorges Construction Project 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 Construction Project resident resettlement work.
The State Council Three Gorges Construction Project Committee is the leading and decision-making body for the resident resettlement work for the Three Gorges Construction Project.
The resettlement administrative organ of the State Council Three Gorges Construction Project Committee shall be responsible for the resident resettlement work for the Three Gorges Construction Project.
The people's governments of Hubei Province and Chongqing Municipality shall be responsible for the resident resettlement work in the Three Gorges Construction Project within their respective administrative regions, and shall set up Three Gorges Construction Project resettlement administrative organs.
The people's governments of the cities, counties and districts in the Three Gorges Project inundated areas and the resident resettlement areas shall be responsible for the resident resettlement work for the Three Gorges Construction Project within their own administrative regions, and may, when necessary, set up their Three Gorges Construction Project resettlement administrative organs.
Chapter II Settlement of Resettled Residents
Article 9 A resident resettlement plan shall be compiled for the residents relocation for the Three Gorges Construction Project. The resident 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 Construction Project 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 resident resettlement plans, approving their plans, compiling on the consolidated basis the resident 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 Construction Project Committee.
The resettlement administrative organ of the State Council Three Gorges Construction Project Committee shall strengthen supervision over the implementation of the resident resettlement plans.
Article 10 The resident 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 Construction Project 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 Construction Project 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. 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 expropriated due to the Three Gorges Construction Project 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 resident 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 resident resettlement in the Three Gorges Construction Project 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.
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