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Who knows the content and title of the State Council Guofa (1982) No.80 document?

Notice of the State Council Municipality on Issuing the Regulations on Land Requisition for National Construction

Issuing Authority: the State Council.

Document number: Guo Fa [1982] No.80.

Release date: 1982-5- 14

Implementation date: 1982-5- 14

Validity period: 19870 10 1.

The Regulations on Land Requisition for National Construction was passed in principle at the 23rd meeting of the 5th NPC Standing Committee on May 4th, 1982, and is now promulgated for implementation.

Annex: Regulations of the State on Land Requisition for Construction

(1The principles of the 23rd NPC executive meeting on May 4th, 982 were promulgated in the State Council on May 4th, 0982, and shall come into force as of the date of promulgation).

Article 1 These Regulations are formulated in accordance with the Constitution of People's Republic of China (PRC) in order to make rational use of land resources, safeguard the land for national construction and properly arrange the production and life of the personnel of the land-expropriated units.

Article 2 When the state needs to requisition collectively-owned land for economic construction, cultural construction, national defense construction and the establishment of social public utilities, it must do so in accordance with the provisions of these Regulations. It is forbidden for any unit to purchase or lease land directly or in disguised form from rural communes. Rural Shedui may not participate in the operation of any enterprise or institution in the form of land shares.

Article 3 Saving land is our national policy. All construction projects must follow the principle of economic rationality and improve the land utilization rate. If there is wasteland that can be used, it shall not occupy cultivated land; If there is inferior land that can be used, it shall not occupy fertile land, especially land with high economic benefits such as vegetable fields, gardens and intensive fish ponds.

All regions, especially the suburbs of big cities and densely populated areas, should control all construction land in strict accordance with land use planning.

The construction within a planned urban area must meet the requirements of urban planning and be combined with the transformation of the old city to reduce the newly occupied land.

Article 4 If the land requisitioned by the state for construction conforms to the provisions of these Regulations, the cadres and masses of the commune and brigade whose land has been requisitioned shall obey the needs of the state and shall not hinder or obstruct it.

Article 5 The ownership of the expropriated land belongs to the state, and the land-using unit only has the right to use it.

Article 6 All construction land must meet the requirements of national laws and regulations on land management, environmental protection and soil and water conservation, and prevent land desertification, soil erosion, water depletion, mudslides, salinization, floods and environmental pollution. Therefore, if losses are caused, the land-using unit must repair or pay the repair cost, and compensate the victims accordingly. The requirements for restoration and the standards for restoration fees and compensation fees shall be decided by the land-using units, the injured units and the relevant units through consultation under the auspices of the local county and city land management authorities. If no agreement can be reached, it shall be decided by the county or municipal people's government; If the county or municipal people's government cannot decide, it shall be submitted to the government at the next higher level for decision. Land that cannot be re-cultivated shall be regarded as land requisition, and the people's governments at or above the county level shall arrange for its use in accordance with the examination and approval authority stipulated in these regulations.

If there are water sources, channels, culverts, pipelines, roads, cables and other facilities closely related to industrial and agricultural production and people's lives on the expropriated land, the land-using units and construction units shall properly handle them under the organization of the local people's government in conjunction with relevant departments, and shall not block or destroy them without authorization; If it is blocked or damaged, the corresponding engineering facilities shall be repaired or built.

Article 7 Procedures for requisitioning land:

1. Apply for site selection. Land-using units shall apply to the county and municipal land management authorities for land requisition with the construction project design plan or relevant certification documents approved by their superiors, and select the site after being examined and approved by the county and municipal people's governments. Site selection within a planned urban area shall also be approved by the competent department of urban planning administration.

Two, negotiate the number of land acquisition and compensation and resettlement programs. After the construction address is selected, the local county and city land management authorities shall organize the land-using units, land-expropriated units and relevant units to make an agreement on the land area and compensation and resettlement plan, and sign a preliminary agreement.

Three, the approved land area. After the preliminary design of a construction project is approved, the land-using unit shall formally declare the construction land area to the local county and municipal land management authorities with the relevant approval documents and general plan or construction land map, and after the approval of the people's government at or above the county level in accordance with the authority prescribed in these Regulations, under the auspices of the land management authorities, the land-using unit shall sign an agreement with the land-expropriated unit.

Fourth, the distribution of land. After the land requisition application is approved, the local county and city land management authorities shall allocate land in one lump sum or by stages according to the planning and construction progress, and urge the land requisitioned units to hand over the land on time.

Eighth land requisition approval authority:

Requisition of cultivated land, garden 1000 mu or more, and other land 10000 mu or more shall be approved by the State Council;

The requisition of land in the suburbs of a municipality directly under the Central Government shall be approved by the people's government of the municipality directly under the Central Government; Expropriation of land in the suburbs of cities with a population of more than 500,000 shall be examined by the local municipal people's government and submitted to the people's governments of provinces and autonomous regions for approval; Expropriation of cultivated land, garden area of more than three acres, forest land and grassland of more than ten acres, and other areas of more than twenty acres, shall be audited by the local county and municipal people's governments and submitted to the people's governments of provinces and autonomous regions for approval. Below the above limit, approved by the county and municipal people's governments.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual situation in their respective regions, appropriately relax or narrow the authority of the county and municipal people's governments to examine and approve the amount of land requisition.

The land required for a construction project shall be submitted for approval at one time in accordance with the overall design and shall not be divided into parts.

Phased construction projects shall be requisitioned by stages, and shall not be requisitioned early or used late. The land needed for railway and highway trunk lines can be submitted for approval in sections and land acquisition procedures can be handled.

Ninth expropriation of land shall be paid by the land unit compensation.

Standards for various compensation fees:

1. Land compensation fee. The compensation standard for expropriation of cultivated land (including vegetable fields) is three to six times the annual output value of the cultivated land, and the annual output value is calculated according to the average annual output of the three years before expropriation and the price stipulated by the state. Specific compensation standards for various types of cultivated land shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government within this scope. The compensation standards for requisitioning gardens, fish ponds, lotus ponds, weitang, homestead, woodland, pasture and grassland shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Expropriation of unproductive land will not be compensated.

2. The compensation standards for young crops and houses, wells, trees and other attachments on expropriated land shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. However, the crops, trees and facilities planted and constructed after the land acquisition plan is negotiated will not be compensated.

Requisition of vegetable fields in the suburbs of cities shall also pay the new vegetable field development and construction fund to the state in accordance with relevant regulations, and the specific measures shall be formulated separately.

Article 10 In order to properly arrange the production and life of land-expropriated units, land-using units shall pay resettlement subsidies in addition to compensation fees.

Resettlement subsidy standard:

1. If cultivated land (including vegetable fields) is requisitioned, the resettlement subsidy standard for each agricultural population is two to three times the annual output value of the cultivated land per mu. The number of agricultural population to be resettled is calculated according to the proportion of agricultural population before land acquisition by the land acquisition unit (calculated according to agricultural registered permanent residence, excluding the registered residence after land acquisition scheme negotiation), cultivated land area and land acquisition amount. The annual output value is calculated according to the average annual output in the three years before collection and the price stipulated by the state. However, the resettlement subsidy per mu of cultivated land shall not exceed ten times its annual output value.

Two, the requisition of garden, fish pond, lotus pond, woodland, pasture, grassland and other land, resettlement subsidy standards determined by the people's governments of provinces, autonomous regions and municipalities directly under the central government with reference to the general farmland resettlement subsidy standards.

Three, the expropriation of homestead, do not pay resettlement subsidies.

Under some special circumstances, if the original production and living standards of the masses cannot be maintained according to the above-mentioned compensation and resettlement subsidy standards, the resettlement subsidy may be appropriately increased upon examination and approval by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, but the sum of the land compensation fee and resettlement subsidy shall not exceed 20 times of the annual output value of the requisitioned land.

Article 11 The compensation fees and resettlement subsidies paid by land-using units shall be paid to themselves, except that the property rights attached to the expropriated land really belong to individuals. The compensation fees for young crops on collectively planted land can be included in the collective income distribution of the current year, and all of them shall be used for the expropriated units to develop production, arrange the employment of surplus labor and the living allowance for those who cannot be employed, and shall not be used for other purposes. The relevant leading organs and other units shall not use any excuse to occupy it.

Twelfth agricultural surplus labor caused by land acquisition by the county and city land management agencies to organize land acquisition units, land units and relevant units responsible for resettlement. The main ways of resettlement are:

First, develop agricultural production. Improve soil, build water conservancy and improve farming conditions; Under possible and reasonable conditions, with the approval of the county and city land management authorities, appropriate land reclamation will be carried out to expand the cultivated land area;

Land units can also help with construction land in combination with engineering construction, but the resettlement subsidy should be deducted according to the number of construction land.

Second, develop the sideline production of commune and brigade. According to the relevant provisions of the state, according to local conditions, set up industrial and sideline businesses and services that are beneficial to the national economy and people's livelihood.

Third, move the team or merge the team. Production teams whose land is expropriated or basically expropriated may organize relocation if conditions permit; Can also be based on the principle of voluntary and mutual benefit, combined with the nearby production team.

With the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, surplus laborers who cannot be resettled by the above methods can be arranged to work in units under collective ownership within the scope of the labor plan, and the corresponding resettlement subsidies can be transferred to units that absorb labor; With the consent of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, land-using units can also choose qualified local workers, and correspondingly reduce the resettlement subsidies of land-expropriated units.

The land of the production team has been requisitioned, which does not meet the conditions for moving and merging teams. Members of the original agricultural registered permanent residence, approved by the people's governments of provinces, autonomous regions and municipalities directly under the central government, can be transferred to non-agricultural registered permanent residence or urban hukou. The property owned by the original collective and the compensation and resettlement subsidies obtained shall be handled by the people's governments at or above the county level and the relevant communes and teams through consultation, and shall be used for organizing production and providing living allowances for the unemployed, and shall not be shared privately.

Thirteenth approved employment of land acquisition units, agricultural registered permanent residence to non agricultural registered permanent residence or urban hukou, the corresponding food supply indicators and the living placement of unemployed people, respectively, by the local labor, public security, food, civil affairs departments responsible for.

Fourteenth expropriation of land and demolition of houses of collectives and members shall be rebuilt by production teams or house owners in accordance with the unified arrangements of communes and brigades.

Fifteenth land acquisition units with compensation fees and resettlement subsidies to build production and living facilities required building materials, Shedui can solve, by Shedui themselves; If the "Shedui" can't solve it, the local government will help solve it; A few materials that cannot be solved locally are managed by the unified distribution department. After the examination and approval by the county and city land management authorities, the land-using unit shall apply to the relevant state departments for allocation with the construction project. The price of materials shall be paid by the land-expropriated unit.

Article 16 Measures for resettlement of large and medium-sized water conservancy and hydropower projects shall be formulated separately by the Ministry of Water Resources and Electric Power in conjunction with the state land administration authorities with reference to these Regulations.

Seventeenth land acquisition units shall not put forward additional requirements or conditions beyond the scope of compensation and subsidies stipulated in these regulations.

Eighteenth in the process of project construction, it is necessary to build temporary facilities such as material storage yard and transportation route, which should be arranged within the scope of land acquisition as far as possible. If it is really necessary to increase temporary land use, the construction unit shall apply to the competent department that originally approved the land use of the project for the quantity and duration of temporary land use, and after approval, sign a temporary land use agreement with the production team, and make compensation year by year according to the average annual output value of the production team's land in the first three years. Permanent buildings shall not be built on temporary land. After the expiration of the use period, the land-using unit shall be responsible for restoring the farming conditions of the land, returning it to the production team in time, or paying the production team according to the restored workload.

If temporary land is needed for the erection of above-ground lines, the laying of underground pipelines, the construction of other underground projects and the field work of geological exploration departments, it shall be handled in accordance with the above principles. If the term of use is less than one year, it shall be approved by the local county or municipal people's government.

When the construction unit needs to carry out land survey in order to choose the construction address, it shall obtain the consent of the local county and municipal people's governments; If losses are caused, compensation shall be made according to the facts.

Nineteenth in case of emergency or emergency military needs and other special circumstances, you can use temporary land first, and immediately report to the local county and city people's government; If it belongs to permanent land, it can be used first with the consent of the people's government at or above the county level, and the land acquisition procedures shall be handled in accordance with the prescribed examination and approval authority.

Article 20 If there are young crops on the requisitioned land, they should wait for the farmers to harvest, and the normal progress of the project shall not be affected. If land is not needed in the local agricultural harvest season, the construction unit shall sign an agreement with the production team to allow farmers to farm.

Twenty-first land that has been requisitioned and not used for two years, except the land that has been approved by the original land acquisition authority to be postponed, the local county and municipal people's governments have the right to recover it and report it to the original approval authority for the record. The original land unit shall not be disposed of without authorization, and other units and individuals shall not occupy it. The recovered land can be treated in the following ways:

(a) according to the provisions of this Ordinance, the examination and approval authority, paid to other units that meet the conditions of land acquisition. The expenses shall be calculated according to the compensation fees and resettlement subsidies actually paid by the original land units, and shall be handled by the original land units according to the relevant provisions of the state.

(2) lend it to the production team for farming. Production teams are not allowed to build any buildings and plant perennial crops on cultivated land. When the national construction needs to be used, the production team must return it immediately and may not ask for compensation or resettlement; If there are young crops, the land use unit shall pay the compensation fee for young crops as appropriate.

Land reserved along the railway and for special needs such as safety protection shall not be regarded as unused land if it meets the requirements of the state.

Twenty-second graves on expropriated land shall be reported to the local people's government by the land-using unit to announce the relocation of the grave owner and pay the relocation fee. The ownerless grave is moved or buried by the land unit.

If cultural relics or ownerless property are found on the expropriated land, the land-using unit and the construction unit shall be responsible for the protection and report to the people's government at or above the county level for handling.

Twenty-third cross county projects, land acquisition work by the land management organs of the people's governments of provinces, autonomous regions and municipalities directly under the central government unified organization.

Twenty-fourth people's governments at all levels of land management organs and the higher authorities of land units shall timely supervise and inspect the implementation of the land use and resettlement plan.

Twenty-fifth in violation of these regulations, were given economic sanctions, administrative sanctions, until criminal responsibility.

First, illegal means are used to defraud the approval of land acquisition, and the land acquisition agreement is invalid if the land acquisition is approved beyond the examination and approval authority; If the circumstances are serious, the person in charge and the person directly responsible shall be given administrative sanctions and may also be fined.

Two, the occupation of collective land, the occupation of temporary land is not returned, shall be ordered to return the land, and compensate for the economic losses caused; If the circumstances are serious, the person in charge and the person directly responsible shall be given administrative sanctions and may also be fined.

Three, the sale, lease or disguised sale, lease of land, illegal transfer of land, confiscate its illegal income, buildings built on illegally occupied land shall be confiscated or demolished; If the circumstances are serious, the person in charge and the person directly responsible shall be fined and may be given administrative sanctions.

Four, approved the expropriation of land, one party insisted on unreasonable demands, refused to sign the land acquisition agreement, ruled by the land management authority. If either party fails to implement the land acquisition agreement, causing economic losses to the other party, it shall be ordered to pay compensation; If the circumstances are serious, the person in charge and the person directly responsible shall be fined.

Five, misappropriation or occupation of compensation fees and resettlement subsidies, shall be ordered to make restitution; If the circumstances are serious, the person in charge and the person directly responsible shall be given administrative sanctions and may also be fined. Occupancy of recruitment and transfer indicators, recruitment and transfer is invalid; If the circumstances are serious, the person in charge and the person directly responsible shall be given administrative sanctions and may also be fined.

The above matters shall be put forward by the land management authority, reported to the people's government at or above the county level for approval, and ordered to be implemented by its subordinate units or higher authorities. Economic sanctions shall be decided by the land management authority and implemented within a time limit; If a party refuses to accept it, he may bring a suit in a people's court before the expiration of the time limit;

If neither prosecution nor performance is carried out at the expiration of the time limit, the land management organ shall submit it to the people's court for compulsory execution according to the civil procedure.

In the process of land expropriation, those who incite the masses to make trouble, obstruct national construction, embezzle, steal state and collective property, pay bribes, extort money and other illegal and criminal acts, which constitute a crime, shall be investigated for criminal responsibility by judicial organs according to law; If the circumstances are minor and do not constitute a crime, they shall be given administrative penalties for public security or economic sanctions or administrative sanctions respectively.

Article 26 The minimum fine for an individual is RMB 30, and the maximum fine shall not exceed his income for six months.

Economic compensation paid by enterprises, institutions and administrative organs owned by the whole people shall be paid from the enterprise funds, profit retention, fund lump sum balance and other funds of the unit, and shall not be included in production costs or spread into capital construction investment.

Twenty-seventh before the promulgation of this Ordinance, the expropriation of land has reached an agreement in accordance with the relevant provisions of the state, the original agreement should still be implemented.

Article 28 Where a project jointly invested by a unit owned by the whole people and a rural commune and brigade requires the use of land collectively owned by the rural commune and brigade, it shall be regarded as land requisitioned for national construction and handled in accordance with the provisions of these Regulations.

Twenty-ninth urban collective ownership units to carry out construction or joint investment in construction projects with rural shedui, the need to use the land collectively owned by rural shedui, mutatis mutandis, the provisions of this Ordinance.

Thirtieth rural people's communes and production teams need to use the land of production teams for construction, and they should also give compensation and properly resettle farmers. Specific measures and compensation and resettlement standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government with reference to these regulations.

Thirty-first state-owned barren hills, wasteland, beaches and other units for construction and use of state-owned land, in accordance with the procedures and examination and approval authority stipulated in these regulations, free allocation; Take back the state-owned land cultivated by Shedui for a long time and give appropriate subsidies to Shedui according to the specific situation. The use of floodplain land must also be approved by the departments of water conservancy, aquatic products and transportation.

Article 32 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with these Regulations and in light of local specific conditions, formulate implementation measures.

Article 33 These Regulations shall come into force as of the date of promulgation. 1958 65438+1October 6th, the State Council promulgated the Measures for Land Requisition for National Construction, which shall be invalidated immediately.