Benxi Manchu Autonomous

Decree number. Twenty-third Benxi Municipal People's government issued a document number.

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Decree of Benxi Municipal People's Government

(No.23)

The "measures" for land acquisition, demolition and resettlement in Benxi City have been adopted at the 62nd executive meeting of the Municipal People's Government in March 2005 1995, and are hereby promulgated.

Mayor of Li Yingjie

September 12, 1995

Measures of Benxi Municipality on Land Acquisition, Demolition and Resettlement

Article 1 According to the Land Management Law of the People's Republic of China and the Implementation of Liaoning Province

Second where the expropriation of collectively owned land within the territory of our city, shall abide by these measures.

Third city, autonomous county (District) land management department is the administrative department of land acquisition, demolition and resettlement of the people's government at the same level.

Fourth land acquisition, demolition and resettlement work should follow the principle of ensuring the national demand for construction land and properly resettling the production and life of land-expropriated units and land-expropriated people.

Fifth land acquisition, demolition and resettlement plan, by the land management department in conjunction with the relevant departments to study and formulate. Belonging to the autonomous county (District) land acquisition approval authority, the resettlement plan is implemented after the approval of the autonomous county (District) government; Belong to the examination and approval authority of land acquisition at or above the municipal level, and the resettlement plan shall be approved by the autonomous county (District) government and implemented after being approved by the people's government at or above the municipal level.

Article 6 After the scope of land acquisition and demolition is determined, the land and public security departments respectively issue notices of closing areas and households, and the local township (town, sub-district office) police station suspends the procedures of moving in and separating households of residents in the demolition area, and provides household registration information to the land department.

Land acquisition, demolition and urbanization demographic survey shall be conducted by the land management department of the city and autonomous county (district) in conjunction with the land-using units, with the cooperation of the local public security and food departments.

Article 7. Farmers who move from rural areas to rural areas for employment must be the agricultural registered population who settled in the land-expropriated units before February 28, 1982, as well as the population that has naturally increased since then (including after the signing of the land acquisition agreement) and the population that has moved in reasonably according to relevant policies and regulations. Those who move in later are not allowed to move from rural areas to cities to find jobs in principle.

Article 8 If the cultivated land of the land-expropriated unit is completely expropriated or partially expropriated (vegetable field, paddy field and dry field are combined into one, hereinafter referred to as "three fields in one"), the agricultural population of the unit that meets the requirements of Article 7 of these Measures can all be converted into non-agricultural population on the spot:

(1) The vegetable plot is less than 54 square meters (0.08 mu);

(2) The paddy field is less than 106 square meter (0. 16 mu);

(3) Dry land is less than 134 square meters (0.2 mu).

Cultivated land is partially requisitioned, according to the calculation of three fields, in order to realize the implementation of "Liaoning Province"

Article 9 If the per capita cultivated land area does not meet the rural resettlement employment standards after land acquisition and demolition, the land-expropriated unit shall take measures such as adjusting contracted land, newly developing cultivated land and transforming low-and medium-yield fields to be resettled.

After land acquisition and demolition, if the per capita cultivated land area reaches the standard of urbanization and employment placement, the urbanized labor force can be resettled through the following ways:

(a) belongs to the enterprise land, by the land unit recruitment and resettlement. If the land use unit has no resettlement capacity or cannot be fully resettled, it may entrust other units to carry out resettlement, and the resettlement subsidy shall be allocated to the resettlement unit.

(II) Land-expropriated units willing to resettle themselves can negotiate with the land-expropriated personnel and land-using units, allocate resettlement subsidies to the land-expropriated units, and take measures such as developing township enterprises or agricultural and sideline production for resettlement.

(3) If the recruited personnel voluntarily seek self-employment, they shall apply and sign a voluntary self-employment agreement with the land-using unit, and the land-using unit shall pay the self-employed person a one-time labor placement subsidy.

The development of new urban areas and land acquisition for social welfare undertakings, and the labor force after urbanization will not be recruited and resettled. Can be placed

Subsidize the land-expropriated units and take measures such as developing the tertiary industry to properly resettle them.

The relevant agreement shall be notarized by the notary office.

Article 10 All workers who meet the employment age, except those who are seriously ill or disabled (generally referred to as those who have lost the ability to work), shall be recruited and placed.

The employment and recruitment age of agricultural labor force shall meet the following requirements:

(1) If all cultivated land is requisitioned, it shall be implemented according to the provisions of the current labor and employment system;

(2) Cultivated land is partially expropriated, male 16 to 49 years old, female 16 to 39 years old.

Students at school are not allowed to recruit.

The number of male and female candidates is determined according to the proportion of male and female labor force in the statistical report of the recruited unit in the previous year.

Eleventh land recruitment and selection work under the leadership of the local township (town) government, by the villagers committee recruitment plan, submitted to the autonomous county (District) land management department for approval before implementation. The pre-selection list is generally limited to one person per household. After the list is drawn up, it will be announced to the villagers, the recruitment conditions will be made public, and democratic appraisal will be conducted. It is strictly forbidden to determine candidates by buying and selling recruitment indicators.

Anyone who meets the recruitment requirements has the right to be selected, mainly according to the number of years of residence in the local area (immigrant households resettled by the government are regarded as old households). Under the same conditions, give priority to pure farmers, poor households, multi-labor households and "blank households" recruited by land acquisition.

After the recruitment list is determined, the approval procedures shall be performed in accordance with relevant regulations.

Twelfth recruiters after entering the factory salary grading should follow the following principles:

(a) according to the length of working time in agricultural production (hereinafter referred to as agricultural age), the enterprise shall determine it by itself with reference to the relevant wage grading standards.

(2)/kloc-The length of service in agricultural production under the age of 0/6 is calculated from the age of 16, and the length of service of released prisoners is not calculated during the prison term.

(III) Recruited personnel who have been awarded the title of model worker by the people's governments at or above the autonomous county (district) or served as the director or deputy director of the villagers' committee 10 for more than 0 years may be half a level higher than the equivalent agricultural labor force according to the relevant wage grading standards.

(four) recruits with professional titles or technical expertise, but also the recruitment unit needs, can be graded through professional and technical assessment.

Recruitment grading by the autonomous county (District) land management departments and receiving units * * * with the assessment, reported to the labor department at the same level for the record.

Thirteenth after the approval of the draft list, the resettlement unit shall complete the recruitment procedures within one month. If it fails to accept the factory work within the time limit, the resettlement unit shall pay the living expenses to the recruited personnel until the factory work.

Recruiters do not implement probation after entering the factory. The length of service is calculated from the date of approval of recruitment.

When dealing with the welfare benefits of employees such as housing distribution, the agricultural age can be treated according to the length of service.

Fourteenth land acquisition units have not been recruited after the cancellation of living expenses paid in the following ways:

(a) over the age of recruitment of agricultural labor (hereinafter referred to as the over-age labor), according to the minimum living standard of the city to pay living expenses.

(2) Those who meet the recruitment requirements and fail the physical examination shall be paid living expenses according to the standard of over-age labor force, and their dependent population shall be implemented with reference to the relevant provisions of the civil affairs department.

(three) the families of martyrs, the injured, the families of the deceased, the elderly, orphans, etc. Collective raising shall be carried out in accordance with the relevant provisions of the civil affairs department.

(four) before the founding of the people's Republic of China to participate in the revolution, the standard of living can be appropriately improved, but the increase rate shall not exceed 20% of the prescribed standards.

(five) the original pension farmers, their living expenses can be re determined according to the standard of over-age labor. Pensions that exceed the standards prescribed in these Measures shall still be paid according to the original retirement amount.

The living expenses of the over-age labor force are generally calculated at the age of 80 (if the land is over 80 at the time of land acquisition, it will be extended by 5 years according to the actual age) until death. The living expenses for raising children have been paid until 18 years old.

Living expenses are paid from land compensation fees, resettlement subsidies and the accumulation of land-expropriated units, and the insufficient part is paid separately by land-using units, settled in one lump sum and allocated to insurance institutions for management.

Article 15 When requisitioning farmland, forests, fish ponds, pastures and other land contracted by farmers, it is necessary to effectively solve the contractor's production and living problems, and those who meet the recruitment conditions should give priority to recruitment and resettlement. Those who do not meet the recruitment requirements can be placed. Where the contractor carries out large-scale investment transformation or special transformation such as land reclamation and construction of protected land on the contracted land, the land-expropriated unit shall give appropriate compensation from the land compensation fee or resettlement subsidy.

Article 16 After the cancellation of the land acquisition unit, the balance of land compensation fees shall be turned over to the land management department of the government at or above the county level, incorporated into the financial special account and stored as special funds for land development and reclamation, and shall not be used for other purposes.

Article 17 The land management departments at or above the autonomous county (district) shall organize the land units and the units or individuals to be demolished to sign the demolition compensation agreement in accordance with the prescribed standards for houses, houses, courtyard walls, barns, vegetable pits, wells, scattered trees, young crops and other ground attachments. Crops, trees and facilities that have been planted after the closure notice is issued or the land acquisition plan is negotiated will not be compensated.

Article 18 If the business premises of township collective enterprises and self-employed households with legal land use rights, industrial and commercial business licenses and legal house property rights are relocated and removed, and the production is stopped, the business tax receipts for the first three months can be removed as the basic basis to compensate the business loss expenses for three to five months. For those who cannot resume production and do not have resettlement conditions, the operating loss fee may be appropriately increased, but the maximum is not more than 18 months.

Demolition of temporary commercial buildings and illegal buildings does not compensate for commercial losses.

Nineteenth land units should have the conditions and resettlement standards for the relocated households to live in public houses, and refer to the relevant provisions of the Interim Measures for the Administration of Urban Housing Demolition in Benxi City.

In the development of new urban areas, the relocation of villages and groups should be based on the principle of saving and rational land use, and the relocated households should be placed in a unified way according to the plan.

Twentieth relocated households to build new houses, can be built by land units, but also can build their own. The compensation standard for self-built houses shall be implemented in accordance with relevant regulations. In addition, the homestead used for the construction of new houses should meet the requirements of urban planning and go through the examination and approval procedures according to relevant regulations.

Article 21 The land requisitioned for national construction shall not be obstructed by the land requisitioned unit. If the people's government at or above the county level unreasonably agrees to requisition land, it shall approve the compulsory requisition. If the land acquisition unit refuses to sign the agreement, the responsible leader shall be given administrative sanctions by the higher authorities.

If the land requisitioned and allocated according to law is not handed over on time after approval, the people's government at or above the county level shall order it to be handed over within a time limit and impose a fine of less than 5 yuan per square meter. During the land acquisition agreement, if the land-expropriated unit illegally requests property from the land-using unit, the illegally requested property shall be confiscated.

Article 22 If the demolished collective or individual-owned houses and other ground attachments fail to reach an agreement with the demolished unit or individual on matters such as compensation and resettlement or fail to implement them in accordance with regulations, the land administration department of the people's government at or above the county level shall make a ruling according to law. If a party refuses to accept the decision, it may bring a lawsuit to the people's court within 15 days from the date of receiving the award. During the litigation, if the land unit has given compensation and resettlement, the execution of demolition will not be stopped. If the relocated unit or individual refuses to move without justifiable reasons within the relocation period determined by the ruling, the people's government at or above the county level shall make a decision on the relocation within a time limit. If it fails to move within the time limit, the people's government of the autonomous county (District) shall organize the construction unit to carry out compulsory relocation, or the land management department shall apply to the people's court for compulsory execution.

In the process of land acquisition and demolition, those who make trouble without reason or hinder the execution of official duties shall be handled by the local public security department in accordance with the relevant provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law.

Twenty-third land acquisition and resettlement units must conscientiously implement the resettlement policy and resettlement agreement.

Planning, land, public security, food, labor, supervision and other departments at all levels must strictly implement the land acquisition and resettlement policy. Found misappropriation, occupation of recruitment indicators and other unhealthy trends, we must resolutely correct, the person directly responsible should be dealt with severely.

Twenty-fourth land attachment compensation, labor resettlement subsidies, rental fees, overdue factory living expenses, living expenses of over-age workers, relocation expenses and other land acquisition and demolition standards. Approved by the municipal land management department in conjunction with relevant departments on a regular basis.

Twenty-fifth approach by the Municipal Bureau of land planning and management is responsible for the interpretation of.

Article 26 These Measures shall come into force as of the date of promulgation. The Measures of Benxi Municipality for Land Requisition, Resettlement and Compensation for Ground Attachments (Guo Fa [1986] No.80) shall be abolished at the same time.