· Document Number：Order No. 679 of the State Council

· Area of Law： Civil Affairs Land

· Level of Authority： Administrative Regulations

· Date issued：04-14-2017

· Effective Date：06-01-2017

· Issuing Authority： State Council

· Status： Effective

Regulations on Land Requisition Compensation and Resettlement of Migrants for Large and Medium Water Conservation and Power Construction Projects
(Promulgated by Order No. 471 of the State Council of the People's Republic of China on July 7, 2006; revised in accordance with the Decision of the State Council on Abolishing and Amending Some Administrative Regulations for the first time on July 18, 2013; revised in accordance with the Decision of the State Council on Amending Some Administrative Regulations for the second time on December 7, 2013; and revised in accordance with the Decision of the State Council on Amending the Regulations on Land Requisition Compensation and Resettlement of Migrants for Large and Medium Water Conservation and Power Construction Projects for the third time on April 14, 2017)
Chapter I General Provisions
Article 1 For the purpose of doing a good job in the land requisition compensation and resettlement of migrants for large and medium water conservation and power construction projects, maintaining the legitimate rights and interests of migrants and ensuring the smooth construction of the projects, this Regulation is formulated in accordance with the Land Administration Law of the People's Republic of China and the Water Law of the People's Republic of China.
Article 2 The land requisition compensation and resettlement of migrants for large and medium water conservation and power projects shall be governed by this Regulation.
Article 3 The state shall adopt a development migrant policy. It shall make the migrants' living level reach or exceed their former one by combining the early stage compensations and subsidies with follow-up support.
Article 4 The land requisition compensation and resettlement of migrants for large and medium water conservation and power construction projects shall comply with the following principles:
(1)Being man-orientated, protecting the legitimate rights and interests of the migrants and satisfying the migrants' demands of subsistence and development;
(2)Taking the interests of the whole into account, obeying the overall arrangement of the state, and giving attention to the interests of the state, collectives and individuals;
(3)Saving land, reasonably planning the land to be requisitioned for projects, and controlling the scale of migrants;
(4)Ensuring the harmony of sustainable development with comprehensive exploitation and development of resources and ecological environment; and
(5)Adjusting measures to local conditions and planning as a whole.
Article 5 The migrant resettlement shall be subject to government leadership, level-by-level responsibility, based on county, and participation of project legal persons.
The migrant administrative department of the State Council for water conservation and power projects (hereinafter referred to the migrant administrative department of the State Council) shall be responsible for the administration and supervision of resettlement of migrants of large and medium water conservation and power construction projects throughout the country.
The local people's governments at the county level or above shall be responsible for organizing and leading the migrant resettlement for large and medium water conservation and power projects within their respective administrative areas. The migrant administrative departments of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administration of and supervision over the migrant resettlement for large and medium water conservation and power projects within their respective areas.
Chapter II Plan on Resettlement of Migrants
Article 6 With regard to a large or medium water conservation and power project for which a project legal person is established, the project legal person shall prepare a plan outline of the resettlement of migrants and shall, according to the examination and approval power, submit it to the people's government of the province, autonomous region or municipality directly under the Central Government or the migrant administrative department of the State Council for examination and approval. The people's government of the province, autonomous region or municipality directly under the Central Government or the migrant administrative department of the State Council shall, prior to the examination and approval, consult the opinions of the local people's governments at the county level or above where the migration area and the migrant resettlement area are located.
With regard to a large or medium water conservation and power project for which no project legal person is established, the project administrative department shall, jointly with the local people's governments at the county level or above of the migration areas and the migrant resettlement areas, prepare a plan outline of resettlement of migrants, submit it to the people's government of the province, autonomous region or municipality directly under the Central Government or the migrant administrative department of the State Council for examination and approval.
Article 7 A plan outline of resettlement of migrants shall be prepared on the basis of the results of investigation of land to be occupied by the project and material objects in the areas to be submerged, information about the economy, society, and load capacity of resources and environment of migration areas and the migrant resettlement areas.
The investigation of land to be occupied by the project and material objects in the area to be submerged shall be made by the project administrative department or the project legal person jointly with the local people's governments where the land to be occupied by the project and the area to be submerged are located. The investigation of material objects shall be comprehensive and accurate. After the investigation results have been signed and confirmed by the investigators and the investigated and have been announced to the general public, the relevant local people's governments shall sign opinions thereon. Prior to the investigation of material objects, the provincial people's government where the land to be occupied by the project and areas to be submerged are located shall publish an announcement to ban new construction projects and move-in population and shall arrange the investigation of material objects.
Article 8 The plan outline of resettlement of migrants shall mainly include the migrant resettlement task, location, criterions, rural migrants' production and resettlement form, evaluation of the migrants' living level, forecast of the living level after resettlement, policies on follow-up support to the reservoir migrants, principle on the demarcation of the affected scope above the submerge line, and principle for the preparation of a plan on resettlement of migrants.
Article 9 To prepare a plan outline of resettlement of migrants, the project legal person or project administrative department shall widely listen to the opinions of the migrants and residents in the migrant resettlement areas, and hold a hearing where necessary.
A plan outline of resettlement of migrants is the essential basis for the preparation of a migrant resettlement plan. It shall be executed strictly. It shall not be adjusted or modified randomly. If it is really necessary to make an adjustment or modification, it shall be subject to the approval of the original approval organ.
Article 10 If a project legal person has already been established, it shall prepare a migrant resettlement plan according to the approved plan outline of resettlement of migrants. If no project legal person has been established, the project administrative department shall, jointly with the local people's governments at the county level or above where the migration area and the migrant resettlement areas are located, prepare a migrant resettlement plan according to the approved plan outline of resettlement of migrants.
After a plan on the resettlement of migrants for a large or medium water conservation and power project has been examined and approved by the migrant administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government or by the migrant administrative department of the State Council, the project legal person or the project administrative department shall submit it, along with the feasibility study report or project application report, to the project examination and approval department for examination and approval.
To examine and approve the migrant resettlement plan, the migrant administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government or the migrant administrative department of the State Council shall consult the opinions of the relevant departments of the people's government at the same level, and opinions of the local people's governments at the county level or above where the migration area and the migrant resettlement areas are located.
Article 11 The preparation of a migrant resettlement plan shall be based on the load capacity of resources and environment and follow the principle of combining the local resettlement with non-local resettlement, centralized resettlement with separate resettlement, government resettlement with resettlement on the migrants' own initiatives.
The preparation of a migrant resettlement plan shall respect the production and living forms, habits and customs of the minority ethnic groups.
A migrant resettlement plan shall be linked to the plan on the national economy and social development, overall plan on utilization of land, overall plans of cities, plans on villages and market towns.
Article 12 A migrant resettlement plan shall make arrangements for the resettlement of rural migrants, relocation of urban (market) towns, relocation of industrial and mining enterprises, relocation or rebuilding of particular facilities, construction of protection projects, follow-up support to reservoir migrants, land requisition compensation, budget (estimate) of migrant resettlement fund, etc.
The production and living difficulties of residents within the affected scope above the submerge line as a result of the water storage of reservoir shall be integrated into the migrant resettlement plan and shall, according to the economic and reasonable principle, be properly settled.
Article 13 To make a plan on the resettlement of rural migrants, the project legal person or project administrative department shall reasonably mark out the places for resettlement of rural migrants by focusing on the agricultural production resettlement and observing the principle of helping the production, facilitating the living and protecting the ecology. Where possible, such a plan shall also include the construction of small towns.
After the resettlement of rural migrants, it shall be ensured that the migrants have land and other agricultural production materials which are approximately equal to those owned by residents of the migrant resettlement areas.
Article 14 To make a plan on the resettlement of urban (market) migrants, the project legal person or project administrative department shall, on the basis of the status quo of the urban (market) towns, save land and make reasonable arrangements.
The relocation of industrial and mining enterprises shall conform to the industrial policies of the state and take into the account of the technological renovation and structural adjustment. The enterprises, which adopt backward technologies, waste resources, produce products of poor quality, seriously pollute the environment or do not meet the work safety conditions shall be closed up according to law.
Article 15 To prepare a migrant resettlement plan, the project legal person or project administrative department shall widely listen to the opinions of the migrants and residents of the migrant resettlement areas. Where necessary, it shall hold a hearing.
An approved migrant resettlement plan is an essential basis for organizing and carrying out the resettlement of migrants. It shall be strictly executed and shall not be adjusted or revised randomly. Where it is really necessary to make an adjustment or supplement, it shall be subject to a new approval in accordance with Article 10 of this Regulation.
With regard to any large or medium water conservation or power construction project, for which a migrant resettlement plan is not prepared, or whose migrant resettlement has not undergone examination and approval, the relevant departments shall not approve it or approve its construction, nor handle the land use formalities or other relevant formalities.
Article 16 The land requisition compensation and migrant resettlement fund, tax on occupation of cultivated land, reclaiming fee of cultivated land, and the relevant forest and vegetation restoration fees to be paid under the relevant provisions of the State Council shall be included into the budget of a large or medium water conservation and power project.
The land requisition compensation and migrant resettlement fund includes the land compensation fee, resettlement subsidies, relocation of rural residential areas, relocation of urban (market) towns, relocation of industrial and mining enterprises as well as relocation of particular facilities or rebuilding compensation (including compensation for the fixtures of the land), indemnities for the personal properties of migrants (including the indemnities for the fixtures of the land and young crops) and moving subsidies, subsidies for cleaning the bottom of the reservoir, subsidies for the protection of cultural relics in the submerge areas, as well as other expenses as prescribed by the state.
Article 17 The selection of sites for the relocation or rebuilding of rural residential areas for the centralized resettlement of rural migrants, urban (market) towns, industrial and mining enterprises, specific facilities shall be based on the evaluation of environmental impact, survey of hydrological geology and engineering geology, prevention and control of geological disasters, and evaluation of risks of geological disasters.
Article 18 Where possible, protection projects shall, on the economic and reasonable precondition, be built and other protection measures shall be taken for the residential areas and cultivated land within the submerge areas so as to decrease the submerge losses.
The expenses for the construction of protection projects shall be paid by the project legal person and the operation management expenses shall be paid by the administrative department of the large or medium water conservation and power project.
Article 19 The location of the cultural relics within the land occupied by the project and within the submerge areas shall be clearly investigated and the protection value of the cultural relics shall be determined. The guideline of “stressing protection, giving priority to salvage” shall be observed. The priority shall be given to the protection and excavation of important cultural relics.
Chapter III Land Requisition Compensation
Article 20 The land available for a large or medium water conservation and power project determined by a river basin plan upon approval shall be listed into the overall land utilization plan of the place where the project is located.
After a large or medium water conservation and power construction project has been examined and approved or after a feasibility study report on this project is approved, the land to be utilized by this project shall be listed into the annual plan on land utilization.
For a large or medium water conservation and power construction project which falls within the scope of the significant water conservation and energy infrastructure supported by the state, the land to be utilized by it may be obtained by way of allocation.
Article 21 The land to be used by a large or medium water conservation and power construction project shall be subject to examination and approval. One application for the utilization of the land shall be filed for examination and approval and the land shall be requisitioned by stages. The land requisition indemnities shall be paid timely.
For a flood prevention or control project in emergency upon approval of the competent people's government, the land may be utilized before the land formalities are gone through.
Article 22 The standards for land compensation fees and resettlement subsidies for the land expropriated in the construction of large- and medium-scale water conservation and hydropower projects shall be the same as the compensation standards for the land used for railway and other infrastructure projects, as prescribed by the provinces, autonomous regions or municipalities directly under the Central Government where the expropriated land is located.
The compensation standards for scattered trees and young crops, among others, on the expropriated land shall be those prescribed by the provinces, autonomous regions or municipalities directly under the Central Government where the expropriated land is located.
The compensation for the buildings on the expropriated land shall be made according to the principle of original size, original standard or restoration of the original functions; and for indigent migrants whose compensation fees are insufficient for building basic houses, appropriate subsidies shall be given to them.
For the use of state-owned arable land which is legally used by other entities or individuals, compensation shall be made by reference to the compensation standards for the expropriated arable land; and for the use of state-owned undeveloped land which is not determined for use by other entities or individuals, no compensation shall be made.
After migrants have moved far away, compensation shall be made for the scattered trees and houses, among others, owned by migrants above the submergence level around the reservoir according to paragraphs 2 and 3 of this article respectively.
Article 23 The land to be temporarily used by a large or medium water conservation and power construction project shall be subject to the approval of the land administrative department of the people's government at the county level or above.
Article 24 Compensations for the relocation or rebuilding of industrial and mining enterprise, communication, power, telecommunication, radio, TV and other specific facilities, as well as middle and primary schools shall be made according to the principle of original scale, original standards or restoration of the original functions.
Article 25 Where a large or medium water conservation and power construction project requisitions any cultivated land, it shall conform to the provisions on the balance between the occupation and supplement of arable land. The land reclaimed for resettlement of migrants, the cultivated land newly increased by land arrangement due to construction of the large or medium water conservation and power construction project, and the cultivated land newly created by the construction of project may offset the amount of cultivated land occupied by the construction project.
The slope land of 25 degrees or more requisitioned by a large or medium water conservation and power construction project shall not be included into the scope of cultivated land to be supplemented.
Chapter IV Resettlement of Migrants
Article 26 The local people's governments at the county level or above where the migration areas and migrant resettlement areas are located shall be responsible for carrying out the migrant resettlement plan.
Article 27 Before the construction of a large or medium water conservation and power project starts, the project legal person shall, according to the migrant resettlement plan approved, sign a migrant resettlement agreement with the people's government of the province, autonomous region or municipality directly under the Central Government or with the people's governments of the cities or counties where the migration area and migrant resettlement area are located. The people's government of the province, autonomous region or municipality directly under the Central Government, or the people's government of a city which has signed a said migrant resettlement agreement may sign migrant resettlement agreements with the inferior people's governments with a migration or migrant resettlement task.
Article 28 Within 60 days after the end of the flood season of each year, the project legal person shall, according to the requirements for the construction of a large or medium water conservation and power project as well as the migrant resettlement plan, raise a plan proposal on the next-year migrant resettlement to the local people's governments, with which it has signed a migrant resettlement agreement. A local people's government which has signed a migrant resettlement agreement shall, according to the migrant resettlement plan and the project legal person's annual migrant resettlement plan proposal and on the basis of full negotiation with the project legal person, prepare and announce the annual plan on migrant resettlement of next year within its administrative area.
Article 29 The project legal person shall, according to the annual migrant resettlement plan and on the basis of the progress of the migrant resettlement, pay the land requisition compensation and migrant resettlement fund to the local people's governments that have signed a migrant resettlement agreement with it.
Article 30 If the rural migrants are resettled in a centralized manner in newly developed land or adjusted land in the same county, the people's government at the county level shall pay the full amounts of land requisition compensations, resettlement subsidies and collective property compensations directly to the collective economic organization of this village or the villagers' committee.
If the rural migrants are resettled to other collective economic organizations or villagers' committees of other villages within the same county, the collective economic organizations or villagers' committees of migrant resettlement villages shall sign an agreement with the people's government at the county level. The production and living of the migrants shall be arranged according to the agreement.
Article 31 If the rural migrants are resettled in other counties within the administrative area of the same province, the local people's governments which have signed a migrant resettlement agreement with the project legal person shall timely hand the corresponding land requisition compensation and migrant resettlement fund to the people's governments at the county level where the migrant resettlement area is located so as to arrange the production and living of the migrants.
If the rural migrants are resettled in another province, the project legal person shall timely hand the corresponding land requisition compensation and migrant resettlement fund over to the people's government of the province, autonomous region or municipality directly under the Central Government where the migrant resettlement area is located so as to arrange the production and living of the migrants.
Article 32 The moving subsidies and the subsidies for the personal properties of migrants such as houses and annexes, scattered trees, young trees, and agriculture and sideline facilities shall be directly paid in full amounts to the migrants by the people's governments where the migration areas are located.
Article 33 Where a migrant seeks shelter in his relatives and friends on his own initiative, he shall personally file an application with the people's government at the county level where the migration area is located and shall submit the acceptance certification issued by the people's government at the county level where the acceptance place is located. After the people's government at the county where the migration area is located confirms that he has obtained land and other agricultural production materials, it shall sign an agreement with the people's government at the county level where he is accepted and with the migrant, shall hand the land requisition compensation and resettlement subsidies over to the people's government at the county level where he is accepted so as to arrange his production and living as a whole and shall deliver the indemnities for personal properties and the moving subsidies to the migrant himself.
Article 34 The people's government at the county level where a migration area is located shall deliver the compensations for the relocation of urban (market) towns, relocation of industrial and mining enterprises and relocation or rebuilding of specific facilities to the local people's governments or to the relevant entities. The expenses increased due to expansion of scale or increase of criterions shall be paid by the relevant local people's government or by the relevant entities.
Article 35 The rural residential areas for the resettlement of rural residents in a centralized manner shall be relocated according to the scale and standards as determined in the migrant resettlement plan.
The roads, water supply, power supply and other basic facilities in the rural residential areas for the resettlement of rural residents in a centralized manner shall be uniformly built by the relevant townships (towns) and villages.
The houses of rural migrants shall be built by the migrants independently. The relevant local people's government or villagers' committee shall uniformly make a plan on the house sites, but shall not limit the house standards by force.
Article 36 With regard to any land for the resettlement of rural migrants, the relevant formalities shall be gone through in accordance with the Land Administration Law of the People's Republic of China and the Law of the People's Republic of China on the Contracting of Rural Land.
Article 37 After the aim of a specific stage of migrant resettlement is realized or after the migrant resettlement is finished, the people's government of the province, autonomous region, or municipality directly under the Central Government or the migrant administrative department of the State Council shall organize the relevant entities to check it. If the migrant resettlement has not been checked or fails to pass the check, no stage check or completion check may be conducted for the large or medium water conservation and power project.
Chapter V Follow-up Support
Article 38 A local people's government at the county level or above where the migrant resettlement area is located shall prepare a plan on follow-up support to the reservoir migrants, and shall execute it after it obtains the approval of the people's government of the next higher level or its migrant administrative department.
The local people's government shall widely listen to the opinions of the migrants in the preparation of a plan on follow-up support to the reservoir migrants. Where necessary, it may hold a hearing.
An approved plan on follow-up support to the reservoir migrants is the basis for the follow-up support to the reservoir migrants. It shall be executed strictly. It shall not be adjusted or modified randomly. If it is really necessary to make an adjustment or modification, it shall be subject to the approval of the original approval organ.
If no plan on follow-up support to the reservoir migrants is prepared or if a plan on follow-up support to the reservoir migrants is disapproved, the relevant entity shall not appropriate the fund for the follow-up support to reservoir migrants.
Article 39 A plan on the follow-up support to the reservoir migrants shall include the scope, time limit, concrete measures and the expected aim of the follow-up support. The local people's governments at the county level or above where the reservoir migrant resettlement areas are located shall take the responsibility system and other valid measures so as to properly execute the follow-up support plan.
Article 40 The follow-up support fund to the reservoir migrants shall, according to the follow-up support plan to the reservoir migrants, be granted to the migrants themselves as the main production and living subsidies. Where necessary, the said fund may be used to support some projects so as to solve the outstanding problems existing in the production and living of the migrant villages, or it may be in the form of combining the production and living subsidies with support of projects. The specific support criterions, time limit, raising of fund, and management of uses shall be in line with the relevant provisions of the State Council.
The people's governments of each province, autonomous region and municipality directly under the Central Government shall, in accordance with the principle prescribed by the state, formulate concrete implementation measures for the follow-up support to reservoir migrants by taking into account its administrative area and shall execute them upon approval of the State Council.
Article 41 The people's governments at all levels shall strengthen the communication, energy, water conservation, environmental protection, telecommunication, culture, education, health, radio, television and other infrastructure construction so as to support the development of the migrant resettlement areas.
A local people's government of the migrant resettlement areas shall integrate the follow-up support to reservoir migrants into the national economy and social development plan of the people's government at the same level.
Article 42 For the production construction projects established by the state in migrant resettlement areas and in the benefited regions of large and medium water conservation and power projects, the qualified migrants shall have the priority to be employed.
Article 43 The water surface and land of the water faded area of a reservoir are owned by the state. They are subject to the management of the project administrative department of the project. Under the preconditions of obeying the uniform dispatch of the reservoir, ensuring the project safety and meeting the water and soil conservation requirements, a priority to use them may be given to the local rural migrants by the local people's government at the county level.
Article 44 When the state arranges the basic farm land and water conservation construction fund, it shall give priority to supporting the counties where the migrant resettlement areas are located.
Article 45 The people's governments at all levels and the relevant departments shall intensify the training of scientific and cultural knowledge and practical knowledge to the migrants, strengthen publicity and education on law, promote migrant qualifications and enhance the migrant employment capability.
Article 46 The local people's governments at all levels and their relevant departments shall, in diverse forms, support the migrant resettlement areas according to the principle of complementary advantages, reciprocity, long-term cooperation and common development.
Chapter VI Supervision and Administration
Article 47 The state shall conduct supervision over the whole courses of resettlement of migrants as well as the follow-up support to the reservoir migrants. The people's governments of the provinces, autonomous regions, municipalities directly under the Central Government and the migrant administrative department of the State Council shall strengthen the supervision over the resettlement of migrants and follow-up support to the reservoir migrants, and shall timely take measures when it finds any problem therein.
Article 48 The state shall adopt an audit system for the appropriation, use and management of the funds for land requisition compensation, migrant resettlement and follow-up support to reservoir migrants and conduct an audit of the economic liability during the term of office of the principals of the relevant local people's governments and relevant departments who are responsible for the appropriation, use and management of the funds for the land requisition compensation, migrant resettlement and follow-up support to reservoir migrants.
Article 49 The people's governments at the county level or above shall strengthen the supervision over the inferior people's governments and their finance, development and reform, and migrant departments or institutions which are responsible for the appropriation, use and management of the funds for land requisition compensation, migrant resettlement and follow-up support to reservoir migrants.
A local people's government at the county level or above or its migrant administrative department shall strengthen the management of the funds for land requisition compensation, migrant resettlement and follow-up support to reservoir migrants, shall periodically report the information about the appropriation, use and management of the relevant funds to the people's government at the next higher level or to its migrant administrative department and shall notify the project legal person of the said information.
Article 50 The audit and supervision organs at all levels shall strengthen the audit and supervision over the appropriation, use and management of the funds for land requisition compensation, migrant resettlement and follow-up support to reservoir migrants.
The finance departments of the people's governments at the county level or above shall intensify the supervision over the appropriation, use and management of the funds for land requisition compensation, migrant resettlement and follow-up support to reservoir migrants.
Where an audit or supervision organ or finance department conducts an audit or supervision, the relevant entities and individuals shall cooperate with it and shall timely submit the pertinent materials to it.
Article 51 The state shall supervise and assess the whole course of resettlement of migrants. The local people's government and the project legal person that have entered into a migrant resettlement agreement shall, by bidding, jointly entrust a migrant resettlement supervision and assessment entity to supervise and assess the relocation progress of migrants, the quality of resettlement of migrants, the appropriation and use of migrant funds, and the restoration of migrants' living standard; and the entrusted party shall report supervision and assessment information to the entrusting party in a timely manner.
Article 52 The land requisition compensation and migrant resettlement funds shall be deposited in a separate bank account and be calculated separately. The interests derived during the deposit period shall be included into the land requisition compensation and migrant resettlement funds, which shall not be utilized for any other purpose.
Article 53 The people's governments at the county level where the migration areas and the migrant resettlement areas are located shall, on the village basis, announce to the general public the amount and type of land requisitioned for a large or medium water conservation and power project, investigation results of material objects, requisition criterions and amount, as well as the resettlement plans. If any person raises any objection, the people's government at the county level shall timely conduct verification and correct the incorrect items in the results of statistical investigation. If the said results are confirmed inerrant upon verification, it shall timely make an explanation.
A township (town) or village with a migrant resettlement task shall establish a sound financial management system for the land requisition compensation and migrant resettlement funds and announce to the general public the information about the incomes and payments under the said funds so as to accept the supervision of the general public. The plan on the use of indemnities for land and collective properties shall be discussed and adopted by the meeting of villagers or by the meeting of representatives of villagers.
The people's government of the migrant resettlement township (town) or the villagers' (residents') committee shall take effective measures to help the migrants to adapt to the local production and living, and to timely mediate and solve the disputes if any.
Article 54 The people's governments at the county level or above or their migrant administrative departments and the project legal persons shall establish migrant work archives and shall manage them in accordance with the relevant provisions of the state.
Article 55 The state shall effectively protect the legitimate rights and interests of the migrants.
During the courses of land requisition compensation and migrant resettlement, if any migrant considers that his legitimate rights and interests are impaired, he may report the problem to the people's government at the county level or above or to its migrant administrative department, which shall verify and properly solve the said problem. The migrant may also initiate a lawsuit in the people's court.
After the settlement, migrants shall have the same rihgts and obligations as the locals in the settlement area.
Article 56 Without any justifiable reason, the migrants who must move under a migrant resettlement plan shall not postpone moving or refuse to move. The migrants who have been resettled shall not move back.
Chapter VII Legal Liabilities
Article 57 Where any relevant local people's government, migrants administrative department, project examination and approval department or any other relevant department commits any of the following acts by violating this Regulation, the relevant directly liable person-in-charge and other directly liable persons shall be given an administrative sanction. If any serious consequences are caused and if any crime is constituted, they shall be subject to criminal liabilities:
(1)Approving any plan outline of resettlement of migrants, migrant resettlement plan or follow-up support plan to the reservoir migrants by violating the relevant provisions;
(2)Approving any large or medium water conservation and power construction project, for which no migrant resettlement plan is prepared, whose migrant resettlement plan has not been examined or approved;
(3)Conducting completion check or stage check over any large or medium water conservation and power project in the event that the migrant resettlement has not be checked or fails to pass the check;
(4)Appropriating the follow-up support fund to reservoir migrants in the case of failure to prepare a plan on the follow-up support to reservoir migrants;
(5)Failing to investigate or punish any violation found during the course of organizing or implementing the management and supervision of migrant resettlement; and
(6)Failing to timely tackle any problem found during the course of migrant resettlement and causing any severe consequences, and committing other violations by abusing its power or neglecting its functions.
Article 58 Where any project administrative department or relevant local people's government or its pertinent department adjusts or revises the plan outline of resettlement of migrants, migrant resettlement plan or plan on the follow-up support to reservoir migrants by violating this Regulation, the people's government or its relevant department which approved the aforesaid plan outline or plan shall order it to make a correction and shall give an administrative sanction to the directly liable person-in-charge and other directly liable persons. If any losses are caused and if any crime is constituted, they shall be subject to criminal liabilities.
Where any project legal person adjusts or revises a plan outline of resettlement of migrants or a migrant resettlement plan by violating this Regulation, the relevant people's government or its relevant department which approved the said plan outline or plan shall order it to make a correction and fine it not less than 100, 000 yuan but not more than 500, 000 yuan. It shall impose a fine of not less than 10, 000 yuan but not more than 50, 000 yuan on the directly liable person-in-charge and other directly liable persons. If any losses are caused and if any crime is constituted, they shall be subject to criminal liabilities.
Article 59 Where any entity commits any fraudulent act during the course of preparation of plan outline of resettlement of migrants, plan on the resettlement of migrants or plan on the follow-up support to the reservoir migrants, or during the course of investigation of material objects, or during the course of supervision and assessment of migrant resettlement, the relevant people's government or its pertinent department which approved the said plan outline or plan shall order it to make a correction and fine it not less than 100, 000 yuan but not more than 500, 000 yuan and shall impose a fine of not less than 10, 000 yuan but not more than 50, 000 yuan on the directly liable person-in-charge and other directly liable persons. If any loss is caused to others, they shall be liable for the compensation.
Article 60 Where any entity usurps, retains, misappropriates any of the funds for land requisition compensation, migrant resettlement and follow-up support funds to reservoir migrants, it shall be ordered to make a refund and shall be fined 3 times of the amount of fund usurped, retained or misappropriated or less and the directly liable person-in-charge and other directly liable persons shall be given an administrative sanction. Where any crime is constituted, the said liable persons shall be subject to criminal liabilities.
Article 61 Where anyone postpones moving or refuses to move to violate this Regulation, the local people's government or its migrant administrative department may apply to the people's court for enforcement. If anyone violates any public security administration law or regulation, he shall be given a public security administration punishment. If any crime is constituted, he shall be subject to the criminal liabilities.
Chapter VIII Supplementary Provisions
Article 62 The migrant resettlement for the Yangtse River three gorges project shall be governed by the Regulation on Migrants for the Construction of Yangtse River Three Gorges Project.
The land requisition compensation and migrant resettlement for the Project of Diverting Water from the South to the North shall be governed by this Regulation. However, the preparation, examination and approval of the middle route project and the first-phase project of the east route under the Project of Diverting Water from the South to the North shall be governed by the provisions of the State Council.
Article 63 This Regulation shall come into force as of September 1, 2006. The Regulation on Land Requisition Compensation and Migrant Resettlement for Large and Medium Water Conservation and Water Power Projects promulgated on February 15, 1991 shall be repealed simultaneously.The Large and Medium Water Conservation and Water Power Projects promulgated on February 15, 1991 shall be repealed simultaneously.