Measures for Compensation for Use of Flood Storage and Detention Areas

(2025年6月13日国务院第61次常务会议通过　2025年6月23日中华人民共和国国务院令第811号公布　自公布之日起施行)

(Adopted at the 61st Executive Meeting of the State Council on June 13, 2025, promulgated by Decree No. 811 of the State Council of the People's Republic of China on June 23, 2025, and effective as of the date of promulgation)

为了保障蓄滞洪区的正常运用，确保受洪水威胁的重点地区的防洪安全，合理补偿蓄滞洪区内居民因蓄滞洪遭受的损失，根据《中华人民共和国防洪法》，制定本办法。

These Measures are formulated in accordance with the Flood Control Law of the People's Republic of China to ensure the normal use of flood storage and detention areas, guarantee the flood control safety of key areas threatened by floods, and reasonably compensate residents in flood storage and detention areas for losses incurred due to the use of such areas.

本办法适用于国家蓄滞洪区。国家蓄滞洪区名录由国务院水行政主管部门根据国家确定的重要江河、湖泊流域的防洪规划拟订，报国务院批准后公布。

These Measures apply to national flood storage and detention areas. The list of national flood storage and detention areas shall be formulated by the water administrative department of the State Council based on the flood control plans for major rivers and lakes determined by the state, and shall be published after approval by the State Council.

蓄滞洪区运用补偿，遵循下列原则：

Compensation for the use of flood storage and detention areas shall follow the following principles:

(一)保障蓄滞洪区居民的基本生活；

(1) Ensure the basic living needs of residents in flood storage and detention areas;

(二)有利于蓄滞洪区恢复农业生产；

(2) Facilitate the restoration of agricultural production in flood storage and detention areas;

(三)与国家财政承受能力相适应。

(3) Be commensurate with the state's financial capacity.

蓄滞洪区运用前，蓄滞洪区所在地地方各级人民政府应当组织有关部门和单位做好蓄滞洪区内人员、财产的转移和保护工作，尽量减少蓄滞洪造成的损失。

Before the use of a flood storage and detention area, local people's governments at all levels in the location of the flood storage and detention area shall organize relevant departments and units to carry out the transfer and protection of personnel and property within the area, minimizing losses caused by the use of the flood storage and detention area.

国务院财政主管部门和水行政主管部门依照本办法的规定，负责全国蓄滞洪区运用补偿工作的组织实施和监督管理。

The finance department and the water administrative department of the State Council shall, in accordance with these Measures, be responsible for the organization, implementation, and supervision of the compensation work for the use of flood storage and detention areas nationwide.

国务院水行政主管部门在国家确定的重要江河、湖泊设立的流域管理机构，对所辖区域内蓄滞洪区运用补偿工作实施监督、指导。

The basin management agencies established by the water administrative department of the State Council for major rivers and lakes determined by the state shall supervise and guide the compensation work for the use of flood storage and detention areas within their respective jurisdictions.

蓄滞洪区所在地地方各级人民政府依照本办法的规定，负责本行政区域内蓄滞洪区运用补偿工作的具体实施和管理。上一级人民政府应当对下一级人民政府的蓄滞洪区运用补偿工作实施监督。

Local people's governments at all levels in the location of flood storage and detention areas shall, in accordance with these Measures, be responsible for the specific implementation and management of compensation work for the use of flood storage and detention areas within their administrative regions. The people's government at a higher level shall supervise the compensation work for the use of flood storage and detention areas carried out by the people's government at the next lower level.

蓄滞洪区所在地县级以上地方人民政府财政、水行政、发展改革、自然资源、住房城乡建设、农业农村、应急管理、林业草原等有关部门按照职责分工，负责蓄滞洪区运用补偿的有关工作。

The relevant departments of finance, water administration, development and reform, natural resources, housing and urban-rural construction, agriculture and rural affairs, emergency management, and forestry and grassland of local people's governments at or above the county level in the location of flood storage and detention areas shall, in accordance with their respective responsibilities, be responsible for the relevant work of compensation for the use of flood storage and detention areas.

国家鼓励、支持在蓄滞洪区推行洪水保险制度，鼓励保险机构根据蓄滞洪区运用后损失情况，开展洪水保险快速理赔和灾害应急预付赔款服务。

The state encourages and supports the implementation of flood insurance systems in flood storage and detention areas, and encourages insurance institutions to provide rapid flood insurance claims and emergency advance payment services based on the losses after the use of flood storage and detention areas.

任何组织和个人不得骗取、侵吞和挪用蓄滞洪区运用补偿资金。

No organization or individual may defraud, embezzle, or misappropriate compensation funds for the use of flood storage and detention areas.

审计机关应当加强对蓄滞洪区运用补偿资金的管理和使用情况的审计监督。

Audit authorities shall strengthen audit supervision over the management and use of compensation funds for the use of flood storage and detention areas.

蓄滞洪区所在地地方各级人民政府有关部门应当充分运用现代信息技术手段，建立健全信息共享机制，提高蓄滞洪区运用补偿工作效率和水平。

The relevant departments of local people's governments at all levels in the location of flood storage and detention areas shall fully utilize modern information technology means, establish and improve information sharing mechanisms, and improve the efficiency and level of compensation work for the use of flood storage and detention areas.

蓄滞洪区内具有常住户口的居民，依法直接从事种植、养殖的农业生产者，以及蓄滞洪区内住房的所有权人(以下统称区内居民)，在蓄滞洪区运用后依照本办法的规定获得补偿。

Residents with permanent household registration in flood storage and detention areas, agricultural producers directly engaged in planting and aquaculture in accordance with the law, and owners of housing in flood storage and detention areas (hereinafter collectively referred to as residents within the area) shall receive compensation in accordance with these Measures after the use of the flood storage and detention area.

区内居民除依照本办法获得蓄滞洪区运用补偿外，同时按照国家有关规定享受与其他洪水灾区受灾者同样的政府救助和社会捐助。

In addition to receiving compensation for the use of the flood storage and detention area in accordance with these Measures, residents within the area shall also enjoy the same government assistance and social donations as other victims of flood disasters in accordance with relevant state regulations.

蓄滞洪区运用后，对区内居民遭受的下列损失给予补偿：

After the use of a flood storage and detention area, compensation shall be given for the following losses suffered by residents within the area:

(一)农作物、专业养殖和经济林水毁损失；

(1) Losses from water damage to crops, specialized aquaculture, and economic forests;

(二)住房水毁损失；

(2) Losses from water damage to housing;

(三)无法转移的农业生产机械、家庭主要耐用消费品和饲养的畜禽水毁损失。

(3) Losses from water damage to agricultural machinery that cannot be moved, major durable consumer goods, and raised livestock.

蓄滞洪区运用后造成的下列损失，不予补偿：

The following losses caused after the use of a flood storage and detention area shall not be compensated:

(一)根据国家有关规定应当退田而拒不退田，应当迁出而拒不迁出，或者退田、迁出后擅自返耕、返迁造成的水毁损失；

(1) Losses from water damage caused by refusal to return farmland that should be returned according to relevant state regulations, refusal to relocate when required, or unauthorized return to farming or relocation after returning farmland or relocating;

(二)违反蓄滞洪区建设与管理规划、方案建造的住房水毁损失；

(2) Losses from water damage to housing constructed in violation of the construction and management plans or schemes for flood storage and detention areas;

(三)按照转移命令能转移而未转移的农业生产机械、家庭主要耐用消费品和饲养的畜禽水毁损失。

(3) Losses from water damage to agricultural machinery, major durable consumer goods, and raised livestock that could have been transferred but were not transferred in accordance with transfer orders.

蓄滞洪区运用后，对本办法第十一条规定范围内的损失实行分类定值补偿，补偿标准按照下列规定执行：

After the use of a flood storage and detention area, compensation for losses within the scope specified in Article 11 of these Measures shall be made on a classified fixed-value basis, with compensation standards implemented as follows:

(一)农作物按照蓄滞洪区运用前三年平均年产值的50%至70%补偿，专业养殖、经济林按照蓄滞洪区运用前三年平均年产值的40%至50%补偿。具体补偿标准由蓄滞洪区所在地省、自治区、直辖市人民政府(以下统称省级人民政府)根据蓄滞洪区运用后的实际水毁情况在上述幅度内确定。

(1) Crops shall be compensated at 50% to 70% of the average annual output value of the three years prior to the use of the flood storage and detention area; specialized aquaculture and economic forests shall be compensated at 40% to 50% of the average annual output value of the three years prior to the use of the flood storage and detention area. The specific compensation standards shall be determined by the people's government of the province, autonomous region, or municipality directly under the Central Government (hereinafter collectively referred to as provincial people's government) where the flood storage and detention area is located, within the above ranges based on the actual water damage after the use of the flood storage and detention area.

(二)住房按照水毁损失的70%补偿。

(2) Housing shall be compensated at 70% of the water damage loss.

(三)农业生产机械、家庭主要耐用消费品和饲养的畜禽，按照水毁损失的50%补偿。但是，农业生产机械、家庭主要耐用消费品和饲养的畜禽的总价值在2000元以下的，按照水毁损失的100%补偿；水毁损失超过2000元不足4000元的，按照2000元补偿。

(3) Agricultural machinery, major durable consumer goods, and raised livestock shall be compensated at 50% of the water damage loss. However, if the total value of agricultural machinery, major durable consumer goods, and raised livestock is less than 2,000 yuan, compensation shall be at 100% of the water damage loss; if the water damage loss exceeds 2,000 yuan but is less than 4,000 yuan, compensation shall be 2,000 yuan.

分类定值补偿的具体办法，由蓄滞洪区所在地省级人民政府按照有利于蓄滞洪区运用和管理的原则制定。

Specific measures for classified fixed-value compensation shall be formulated by the provincial people's government where the flood storage and detention area is located, in accordance with the principles conducive to the use and management of flood storage and detention areas.

已下达蓄滞洪转移命令，因情况变化未实施蓄滞洪造成损失的，给予适当补偿。

If a flood storage and detention transfer order has been issued but the flood storage and detention is not actually carried out due to changes in circumstances, resulting in losses, appropriate compensation shall be given.

蓄滞洪区所在地县级人民政府应当组织有关部门和乡镇人民政府、街道办事处对区内居民的承包土地、流转土地、住房、农业生产机械和家庭主要耐用消费品逐户进行补偿登记，并由村民委员会、居民委员会张榜公布；在规定时间内无异议的，由县、乡、村分级建档立卡。

The people's government at the county level where the flood storage and detention area is located shall organize relevant departments and township people's governments and subdistrict offices to conduct household-by-household compensation registration for contracted land, transferred land, housing, agricultural machinery, and major durable consumer goods of residents within the area, and shall post the information publicly by villagers' committees and residents' committees; if no objection is raised within the specified time, the county, township, and village shall establish files and cards at their respective levels.

以村或者居民委员会为单位进行财产补偿登记时，应当有村民委员会成员、居民委员会成员和村民代表、居民代表参加。

When conducting property compensation registration on a village or residents' committee basis, members of the villagers' committee, members of the residents' committee, and representatives of villagers and residents shall participate.

财产补偿登记涉及已经依法登记的不动产的，有关登记事项以不动产登记簿记载的为准。

If property compensation registration involves immovable property that has been registered in accordance with the law, the relevant registration matters shall be based on the records in the immovable property register.

财产补偿登记已公布的区内居民的承包土地、流转土地、住房或者其他财产发生变更时，村民委员会、居民委员会应当于每年汛前汇总，并向乡镇人民政府、街道办事处提出变更登记申请，由乡镇人民政府、街道办事处核实登记后，报蓄滞洪区所在地县级人民政府指定的部门备案。

When changes occur in the contracted land, transferred land, housing, or other property of residents within the area that have been publicly announced in the property compensation registration, the villagers' committee or residents' committee shall summarize the changes before the flood season each year and submit an application for change registration to the township people's government or subdistrict office. After verification and registration by the township people's government or subdistrict office, it shall be reported to the department designated by the people's government at the county level where the flood storage and detention area is located for record.

蓄滞洪区所在地县级人民政府应当及时将区内居民的承包土地、流转土地、住房、农业生产机械和家庭主要耐用消费品的财产补偿登记情况及变更登记情况汇总后抄报所在流域管理机构备案。流域管理机构应当根据每年汛期预报，对财产补偿登记及变更登记情况进行必要的抽查。

The people's government at the county level where the flood storage and detention area is located shall promptly summarize the property compensation registration and change registration information for contracted land, transferred land, housing, agricultural machinery, and major durable consumer goods of residents within the area and submit a copy to the relevant basin management agency for record. The basin management agency shall, based on the annual flood forecast, conduct necessary spot checks on the property compensation registration and change registration.

蓄滞洪区运用后，所在地省级人民政府或者其授权的主管部门应当及时组织对蓄滞洪区运用的淹没范围予以界定。

After the use of a flood storage and detention area, the provincial people's government where it is located or its authorized competent department shall promptly organize the delineation of the inundated area.

蓄滞洪区所在地县级人民政府应当及时组织有关部门和乡镇人民政府、街道办事处核查淹没范围内损失情况，按照规定的补偿标准提出补偿方案，经省级人民政府或者其授权的主管部门核实后，由省级人民政府报国务院。补偿方案由国务院财政主管部门、水行政主管部门和应急管理部门审查、核定，提出补偿资金总额，报国务院批准后下达。省级人民政府上报的补偿方案应当附具所在流域管理机构签署的意见。

The people's government at the county level where the flood storage and detention area is located shall promptly organize relevant departments and township people's governments and subdistrict offices to verify the losses within the inundated area, propose a compensation plan in accordance with the prescribed compensation standards, and after verification by the provincial people's government or its authorized competent department, report it to the State Council. The compensation plan shall be reviewed and approved by the finance department, the water administrative department, and the emergency management department of the State Council, which shall determine the total amount of compensation funds and submit it to the State Council for approval before issuance. The compensation plan submitted by the provincial people's government shall be accompanied by the opinions of the relevant basin management agency.

以村或者居民委员会为单位核查损失时，应当有村民委员会成员、居民委员会成员和村民代表、居民代表参加，并对损失情况张榜公布。

When verifying losses on a village or residents' committee basis, members of the villagers' committee, members of the residents' committee, and representatives of villagers and residents shall participate, and the losses shall be publicly announced.

根据实际需要，可以委托专业机构参与核查损失情况。

If necessary, professional institutions may be entrusted to participate in the verification of losses.

蓄滞洪区运用补偿资金由中央财政和蓄滞洪区所在地省级财政共同承担，中央财政承担补偿资金总额的70%。

Compensation funds for the use of flood storage and detention areas shall be borne jointly by the central finance and the provincial finance of the location of the flood storage and detention area, with the central finance bearing 70% of the total compensation funds.

蓄滞洪区运用后，补偿资金应当及时、足额拨付到位。资金管理办法由国务院财政主管部门会同水行政主管部门制定。

After the use of a flood storage and detention area, compensation funds shall be allocated in a timely and full manner. The fund management measures shall be formulated by the finance department of the State Council in conjunction with the water administrative department.

蓄滞洪区所在地县级人民政府在补偿资金预算下达后，应当及时制定具体补偿方案，由乡镇人民政府、街道办事处逐户确定具体补偿金额，并由村民委员会、居民委员会张榜公布。

After the compensation fund budget is approved, the people's government at the county level where the flood storage and detention area is located shall promptly formulate a specific compensation plan, and the township people's government or subdistrict office shall determine the specific compensation amount for each household and post it publicly by the villagers' committee or residents' committee.

具体补偿金额经公布无异议后，按照国库集中支付制度有关规定将补偿资金支付至区内居民银行账户。

After the specific compensation amount is publicly announced without objection, the compensation funds shall be paid to the bank accounts of residents within the area in accordance with the relevant provisions of the centralized treasury payment system.

蓄滞洪区运用后损失严重的，在补偿方案由国务院有关部门审查、核定前，蓄滞洪区所在地省级人民政府或者其授权的主管部门可以向国务院水行政主管部门、财政主管部门申请预先下达部分补偿资金预算，并及时组织将补偿资金支付至区内居民银行账户。预先下达的补偿资金在后期据实结算。

If losses are severe after the use of a flood storage and detention area, before the compensation plan is reviewed and approved by the relevant departments of the State Council, the provincial people's government where the flood storage and detention area is located or its authorized competent department may apply to the water administrative department and the finance department of the State Council for an advance allocation of part of the compensation fund budget, and promptly organize the payment of compensation funds to the bank accounts of residents within the area. The advance allocation of compensation funds shall be settled based on actual circumstances later.

补偿资金发放完毕后，蓄滞洪区所在地省级人民政府或者其授权的主管部门应当及时将补偿工作情况报国务院财政主管部门、水行政主管部门和应急管理部门。

After the compensation funds are fully distributed, the provincial people's government where the flood storage and detention area is located or its authorized competent department shall promptly report the compensation work to the finance department, the water administrative department, and the emergency management department of the State Council.

地方各级人民政府和县级以上人民政府有关部门及其工作人员，以及其他依法履行公职的人员，在蓄滞洪区运用补偿工作中滥用职权、玩忽职守、徇私舞弊，或者骗取、侵吞、挪用补偿资金的，对负有责任的领导人员和直接责任人员依法给予处分。

If local people's governments at all levels, relevant departments of people's governments at or above the county level, and their staff, as well as other persons performing public duties in accordance with the law, abuse their power, neglect their duties, engage in malpractice for personal gain, or defraud, embezzle, or misappropriate compensation funds in the compensation work for the use of flood storage and detention areas, the responsible leaders and directly responsible personnel shall be given sanctions in accordance with the law.

区内居民在财产补偿登记时弄虚作假，或者在蓄滞洪区运用补偿过程中谎报、虚报损失的，由县级人民政府责令改正，予以警告；多领、冒领补偿资金的，追回多领、冒领的资金。

If residents within the area engage in fraud during property compensation registration, or make false reports or fabricate losses during the compensation process for the use of flood storage and detention areas, the people's government at the county level shall order corrections and issue a warning; if funds are obtained in excess or through fraud, the excess or fraudulently obtained funds shall be recovered.

违反本办法规定，构成犯罪的，依法追究刑事责任。

If a violation of these Measures constitutes a crime, criminal liability shall be pursued in accordance with the law.

财产补偿登记、变更登记不得向区内居民收取任何费用，所需费用由蓄滞洪区所在地县级人民政府统筹解决。

No fees shall be charged to residents within the area for property compensation registration or change registration; the necessary expenses shall be coordinated and resolved by the people's government at the county level where the flood storage and detention area is located.

省级人民政府批准的防洪规划中确定的蓄滞洪区的运用补偿办法，由有关省级人民政府制定。

The compensation measures for the use of flood storage and detention areas determined in flood control plans approved by provincial people's governments shall be formulated by the relevant provincial people's governments.

本办法自公布之日起施行。2000年5月27日国务院发布的《蓄滞洪区运用补偿暂行办法》同时废止。

These Measures shall take effect as of the date of promulgation. The Interim Measures for Compensation for Use of Flood Storage and Detention Areas promulgated by the State Council on May 27, 2000 shall be simultaneously abolished.