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Final Report - Asian Development Bank

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TA 4721-PRC: Preparing the Shaanxi-Qinling Mountains Integrated Ecosystem Management Project<br />

<strong>Final</strong> <strong>Report</strong> Appendix 16<br />

Figure 1: Qinling National Botanical Garden Relocation Protection Project – Land Acquisition,<br />

Demolition, Resettlement Organizations<br />

Shaanxi Provincial Government, State<br />

Forestry Administration, Chinese Science<br />

Academy, Xi’an Municipal Government<br />

Coordinating Committee of the Qingling<br />

National Botanical Garden Construction<br />

Director’s Office (Resettlement<br />

Arrangement Office) ���� 5 �<br />

Zhou Zhi County Land Acquisition and Resettlement<br />

Coordinating Directors and Their Offices<br />

Ji Xian Town Land Acquisition Coordinators (2 people)<br />

Dian Zhen Village Land Acquisition Coordinators<br />

(2 people)<br />

E. Policies for Land Acquisition, Relocation and Resettlement<br />

<strong>Asian</strong> <strong>Development</strong> <strong>Bank</strong><br />

External Supervising Organization<br />

(5 people)<br />

Internal Supervising Organization<br />

(3 people)<br />

1. National Laws and Regulations Concerning Land Acquisition and Relocation<br />

12. In accordance with the following legal documents, the construction unit is entitled to the land<br />

acquired upon compensating the affected units and people.<br />

(i) Law of Land Administration of the People's Republic of China (Enforced on Jan.<br />

1, 1999)<br />

Main contents: The right of use to land, overall planning of land use, protection of<br />

farmland, supervision and investigation, legal responsibilities, including the criteria for<br />

formulating relocation subsidy, land acquisition compensation fees in connection with<br />

resettlement and ways of relocation have been prescribed.<br />

(ii) Implementation Regulations for PRC Law of Land Administration (No. 256<br />

Decree of the State Council of the People’s Republic of China on Dec. 27, 1998)<br />

Main contents: Concrete implementation methods, in conformity with Law of Land<br />

Administration of the People's Republic of China, have been prescribed.<br />

(iii) Regulations on the Protection of Basic Farmland (No. 257 Decree of the State<br />

Council of the People’s Republic of China on Dec. 27, 1998)<br />

Main Contents: In accordance with Law of Agriculture of the People's Republic of<br />

China and Law of Land Administration of the People's Republic of China, concrete<br />

prescriptions concerning that the government carries out protection of basic farmland,<br />

mainly including demarcation, protection, supervision and administration, legal<br />

responsibilities, etc have been stipulated.<br />

(iv) Provisional Regulations of the People's Republic of China Governing Farmland<br />

Use Taxation (No. 27 Document [1987] of the State Council on April 1, 1987)<br />

Main contents: The standard for farmland use tax paid for the land used for national<br />

construction and scope of collection have been formulated.<br />

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