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Does the son-in-law enjoy the same treatment as the villagers after notarization?
Your local situation should refer to your local laws and regulations.
Thoughts on Perfecting Rural Collective Land
Guiding opinions on the distribution of compensation fees
In order to rationally utilize and protect the land, further protect the legitimate rights and interests of landless farmers and maintain social stability in rural areas, according to the Land Administration Law of the People's Republic of China, the Rural Land Contract Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC), the State Council Guofa [2004] No.28, the State Council's Decision on Deepening Reform and Strict Land Management, and the Ministry of Land and Resources [2004] No.238 on Printing and Distributing,
First, the principle of compensation and distribution of rural collective land expropriation
1, operating according to law. The allocation scheme of rural collective land expropriation compensation fee shall be discussed and decided by the local villagers' members (representatives) meeting. The distribution plan shall not conflict with the Rural Land Contract Law of People's Republic of China (PRC) and other relevant laws, regulations and policies, and shall not infringe upon the legitimate rights of members. After the expropriation of rural collective land, the land contract relationship remains stable and cannot be adjusted.
2, the principle of rational distribution. The compensation fee for rural collective land expropriation should be mainly used for landless farmers, and the rest should be rationally distributed within rural collective economic organizations. It is necessary to gradually establish a compensation system for the unexpired land contractual management rights of landless farmers, and divide the compensation for rural collective land expropriation into two parts. Part of it compensates the unexpired land contractual management right of landless farmers according to the actual land acquisition area, and the other part is distributed by people within the collective economic organizations.
3. The principle of standardization and unification. All localities should, according to the "Yuhang District Village Work Rules", carefully formulate compensation and distribution plans for rural collective land expropriation, and strive to achieve standardization and unification. In principle, the village economic associations should unify the distribution plan and keep it relatively stable. Due to historical reasons, village economic associations cannot be unified, and collective economic organizations must be unified and standardized.
4. The principles of fairness, justice and openness. The distribution of compensation fees for rural collective land expropriation must be strictly in accordance with the principles of fairness, justice and openness, with the same type and distribution, and effectively protect the legitimate rights and interests of rural married women and other special groups. The distribution plan must be made public on the wall of the village affairs column and accept the supervision of the masses.
Two, the object and standard of internal distribution of collective economic organizations
The distribution of rural collective land expropriation fees, except for young crops compensation fees, is clearly stipulated by law to be owned by the owners. The distribution of other land compensation fees should be determined according to the agricultural registered population on the premise of fully respecting the contracted farmers of the expropriated land and ensuring the interests of the expropriated farmers. The land contractual rights and interests of land-expropriated farmers should be solved through the economic adjustment mode of "moving money without moving land", that is, the land compensation fee should be compensated to the land-expropriated farmers first, and the rest should be included in the collective economic organizations for distribution. Specifically put forward the following distribution objects and standards:
(a) meet the following conditions for the full distribution of objects:
1, a conscript who is a member of a collective economic organization and an active serviceman who enjoys the treatment of conscripts; Non-commissioned officers who have not been resettled from the army (if the resettlement fee is higher than the compensation fee to be paid, no compensation will be given, and the resettlement fee is lower than the compensation fee to make up the difference).
2. If the family of the members of this collective economic organization is purely female or has a son who has lost the ability to work, the male members outside this collective economic organization will get married with the female members of this household, go through the household registration transfer procedures before the deadline for compensation distribution, and sign relevant agreements, and they will not enjoy the compensation distribution in the original household registration (each eligible son-in-law will enjoy one person).
3, the members of the collective economic organization in violation of family planning laws and regulations, but has been punished by the relevant departments according to law.
4. Children of members of this collective economic organization who have gone through the legal adoption procedures according to the adoption law and children who were adopted before the promulgation of the adoption law in April 1992+0 but did not go through the adoption procedures.
5, the members of the collective economic organization, the household registration moved back to agricultural registered permanent residence, the collective economic organization restructuring personnel. Those who are serving their sentences retain the status of enjoying the distribution of compensation fees, and they will be paid when their household registration moves back to the collective economic organization after serving their sentences.
6. Married to a member of the collective economic organization, whose household registration is still in the collective economic organization after divorce or widowhood.
7. Members of this collective economic organization have been married, moved their household registration back to this collective economic organization due to divorce or widowhood, and have been producing or living in the local area for three years.
8. Members of this collective economic organization get married, and the other party is agricultural registered permanent residence, a non-collective economic organization, and the household registration is still in this collective economic organization and they are producing or living locally.
9. Members of this collective economic organization get married, and the other party's household registration is non-agricultural or has been promoted to active duty, and the household registration is still in this collective economic organization, producing or living locally.
10. Members of this collective economic organization are married to foreigners from Hong Kong, Macao and Taiwan, and their household registration relationship is still within this collective economic organization, and they are producing or living locally.
1 1. Members of this collective economic organization go abroad for temporary residence, but the household registration relationship has not moved.
12, children of members of this collective economic organization, currently college students.
13. Due to the national water conservancy and other construction projects, the government needs to resettle agricultural registered permanent residence immigrant households and their children who have moved into this collective economic organization.
14, former member of the collective economic organization1April 999 15, moved to a small town to settle down; 1April 999 15 moved into small towns and settled down, and still enjoyed the right to contracted land management.
15, in line with the relevant policies of the state, educated youth and streamlined workers who are still in the collective economic organization and produce or live locally.
16. If the members of the former collective economic organization and their children change from rural areas to non-rural areas due to land acquisition by the state according to law, the compensation for land acquisition will be distributed within the collective economic organization.
17, the collective economic organization failed to handle the household registration formalities in time, which was in line with the policy.
18, others in line with national laws, regulations and policies.
In the above four cases, 1, 5, 6, 12, the original household registration must be agricultural registered permanent residence of the collective economic organization.
(two) the following objects can enjoy the internal distribution of some collective economic organizations or one-time economic subsidies
1. Members of this collective economic organization get married, but their household registration moves back to this collective economic organization due to divorce or widowhood, and their production and life are not local.
2 members of the collective economic organization are married, and the other party's household registration is non-agricultural household registration or has been promoted to active service, and members and their children whose production and life are not local.
3. Members of this collective economic organization are married, and the other party is agricultural registered permanent residence, a non-collective economic organization. Their agricultural household registration is still in this collective economic organization, but their production and life are not local, and they have not enjoyed the distribution of compensation fees for their places of residence, as well as their children.
4. The children of educated youth and streamlined workers were under the age of 16 when the educated youth and streamlined workers implemented the policy, and the agricultural household registration was still in the collective economic organization, but their production and life were not local.
5. Children of members of this collective economic organization whose original registered permanent residence is in agriculture will move their registered permanent residence back to the non-agricultural unemployed people in their village after graduating from college 1996 1 (the unemployment standard shall be based on the unemployment, serious illness medical care and old-age security paid by enterprises or units that are not employed).
6. Foreign agricultural registered permanent residence and grain ration fields belonging to collective economic organizations.
7. Members of this collective economic organization get married, move their registered permanent residence back to this collective economic organization due to divorce or widowhood, and have been working and living in the local area for less than three years.
Three, strengthen the supervision and management of land acquisition compensation distribution.
1, strengthen publicity and raise awareness. All localities and relevant departments should seriously study the spirit of the document, further unify their thinking, strengthen leadership, put the improvement of the land acquisition compensation distribution system as an important task on the agenda, and earnestly strengthen the supervision of rural collective land acquisition compensation and internal distribution. It is necessary to strengthen the publicity of the Rural Land Contract Law, the Land Management Law and other laws and land expropriation compensation distribution policies, carry out extensive training work, improve the understanding level of rural cadres and masses on laws, regulations and new distribution policies, and gradually change some old concepts and ideas in the current land expropriation compensation distribution, so that the new distribution policy is deeply rooted in the hearts of the people and effectively implemented. It is necessary to organize forces to assist the village group to carefully sort out and revise the original distribution plan and do a good job in linking up the old and new policies.
2. Clear responsibilities and strengthen publicity. As the contracting party of rural land contract (or on behalf of the contracting party), the village economic association is the specific management unit of land compensation fee distribution. When land expropriation occurs, it shall promptly guide the village collective economic organizations to formulate the distribution plan, and supervise and inspect the whole process of the implementation of the distribution plan. Land acquisition compensation should implement separate accounting, earmarking; Village-level finance should set up "land acquisition compensation" two-level subjects under the "provident fund" account; The village economic association must establish a land acquisition register and a detailed list of land acquisition compensation income and expenditure; Should be combined with the village financial disclosure system, timely announce the income and expenditure of land compensation to the members of the village collective economic organizations, and accept the supervision of the masses.
3, multi-party assistance, strengthen supervision. District Agricultural Office, Agriculture Bureau, land, supervision, finance, auditing, letters and visits, civil affairs and other departments shall, according to their respective functions and duties, earnestly strengthen the guidance, auditing and supervision on the management, distribution and use of land compensation fees. The district people's courts should increase their participation in illegal land contracting cases that have been clearly dealt with at the district and town levels and still cannot be corrected. Township governments and sub-district offices should strengthen the inspection of the management, distribution and use of land acquisition compensation within their respective jurisdictions, mediate rural land contract disputes in a timely manner, and strictly investigate and deal with violations in the distribution of land acquisition compensation.
4, strict procedures, standardized operation. All localities and relevant departments should incorporate the distribution and management of collective land compensation fees into the big process of land expropriation, strictly follow the procedures and standardize the operation. (1) Open land requisition approval. The district land and resources department shall, in accordance with the provisions of the Measures for the Announcement of Land Acquisition, announce the approval of land acquisition in the village and group where the land is expropriated, and send a copy to the District Agricultural Office and the Agriculture Bureau; (2) Relevant towns and streets should assign special personnel to assist and guide the land-expropriated villagers' groups to formulate the land acquisition compensation distribution plan (draft) and the internal distribution plan (draft) of the collective economic organizations, hold a meeting of members (representatives), which will be confirmed by two-thirds of the members (representatives) of the collective organizations, reported to the township government, street offices for review, and reported to the District Agricultural Office, Agriculture Bureau and Land Branch for the record. (3) According to the approved distribution plan, all localities allocate land acquisition compensation to the village economic association. (4) To compensate farmers for their unexpired land contractual management rights in the form of money, the village economic association should first urge all relevant collective economic organizations to fulfill their compensation responsibilities, and allocate part of the compensation funds to landless farmers according to the land acquisition compensation distribution plan, farmers' contracts and warrants. ⑤ According to the plan, the relevant rural collective economic organizations will distribute the internal distribution funds of the corresponding collective economic organizations to their members. ⑥ The relevant departments of towns, townships, streets and districts shall supervise and inspect the implementation of the approved land acquisition allocation scheme.
Hope to adopt. Thank you.
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